STATE v. PENLAND

No. 7328SC693.

200 S.E.2d 672 (1973)

20 N.C. App. 73

STATE of North Carolina v. James Clay PENLAND.

Court of Appeals of North Carolina.

Appeal Dismissed January 9, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. William Woodward Webb, Raleigh, for the State.

Robert S. Swain and Joel Stevenson, Asheville, for defendant appellant.


Appeal Dismissed by Supreme Court January 9, 1974.

CAMPBELL, Judge.

The defendant's only contention is that error was committed when the trial court, without being requested to do so, instructed the jury that the defendant had not testified in his own behalf and that the law of North Carolina gave him the right to do so. Defendant contends that he was prejudiced because the trial court did not instruct the jury that it was not to consider the defendant's action...

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