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STATE v. McLAIN

No. 7010SC599.

177 S.E.2d 742 (1970)

10 N.C. App. 146

STATE of North Carolina v. Angelo McLAIN.

Court of Appeals of North Carolina.

December 16, 1970.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., and James L. Blackburn, Staff Atty., Raleigh, for the State.

Jordan, Morris & Hoke, by Robert P. Gruber, Raleigh, for defendant appellant.

HEDRICK, Judge.

The defendant first assigns as error the court's failure to instruct the jury on the defense of intoxication. In State v. Cureton, 218 N.C. 491, 11 S.E.2d 469 (1940), Barnhill, J., stated the rule with respect to the defense of intoxication as follows:

"While intoxication is an affirmative defense no special plea is required. However, to avail the defendant and require the court to explain and apply the law in respect thereto, there must be...

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