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STATE v. EVANS

No. 7028SC649.

178 S.E.2d 83 (1970)

10 N.C. App. 265

STATE of North Carolina v. Frank Lee EVANS.

Court of Appeals of North Carolina.

December 30, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Deputy Atty. Gen. R. Bruce White, Jr., and Asst. Atty. Gen. Guy A. Hamlin, for the State.

Dennis J. Winner, Asheville, for defendant appellant.

PARKER, Judge.

In the course of the charge to the jury, the trial court instructed the jury concerning defendant's contention that he was so intoxicated as to be incapable of forming a criminal intent. The charge then contains the following instruction, to which defendant excepts:

"The Court further charges you, however, that in a case such as this the intent is inferred from the commission of the act; therefore, if the defendant in the instant case committed...

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