Supreme Court of North Carolina, 1977

State v. Jackson

State v. Jackson
Supreme Court of North Carolina · Decided September 12, 1977 · Exum
247 S.E.2d 234; 293 N.C. 260; 1977 N.C. LEXIS 927 (South Eastern Reporter, Second Series)

State v. Jackson

Opinion

ORDER DENYING MOTION FOR RECONSIDERATION

INASMUCH as defendant did not assign as error on appeal the failure of the trial judge to place the burden of proving the absence of heat of passion or the absence of self-defense on the state, see State v. Jackson, 284 N.C. 383 (1973), he has waived his right now to complain about such errors. Hankerson v. North Carolina, --- U.S. ---, 53 L.Ed. 2d 306, 316, n. 8 (1977). Now, therefore, it is

ORDERED by the Court in Conference that defendant’s motion for reconsideration be and it is hereby denied.

This the 12th day of September 1977.

James G. Exum, Jr. Associate Justice

For the Court

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