STATE v. SUTTON

No. 792SC113.

255 S.E.2d 331 (1979)

41 N.C. App. 603

STATE of North Carolina v. Alonzo SUTTON.

Court of Appeals of North Carolina.

June 5, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Daniel C. Oakley, Raleigh, for the State.

Hutchins, Romanet, Thompson & Hilliard by Charles T. Busby, Plymouth, for defendant-appellant.


HEDRICK, Judge.

By his first two assignments of error, the defendant contends that the trial judge incorrectly instructed the jury with regard to the law of aiding and abetting and then incorrectly applied the law to the facts of the case. Defendant argues that the instructions given would permit the jury to find him guilty of aiding and abetting without finding that he was either actually or constructively present at the scene of the crime. We agree.

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