Supreme Court of North Carolina, 1964

State v. Leach

State v. Leach
Supreme Court of North Carolina · Decided December 16, 1964 · Per Curiam
139 S.E.2d 257; 263 N.C. 242; 1964 N.C. LEXIS 812 (South Eastern Reporter, Second Series)

State v. Leach

Opinion

Pee Curiam.

Although defendants’ primary defense was an alibi, his Honor inadvertently failed to charge on this substantive feature of the case. Defendants are entitled to have had the court apply the law to their evidence with respect to alibi. Under the authority of State v. Gammons, 258 N.C. 522, 128 S.E. 2d 860, and State v. Spencer, 256 N.C. 487, 124 S.E. 2d 175, defendants have the right to a new trial and it is so ordered.

New trial.

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