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State v. ChappellState v. Chappell

Court of Appeals of North Carolina
Oct 2, 1974
No. 749SC702
Reporters:
, ,
Before:
Vaughn
VAUGHN, Judge.

Defendant’s court appointed counsel contends that it was error for the judge to fail to instruct the jury that they were to use their own memory in recalling the evidence and that they were not to take his recapitulation of the evidence as fact. Defendant did not request the Court to give that instruction and it is not required in the absence of a request. State v. Harris, 213 N.C. 648, 197 S.E. 142.

Defendant has brought forward other assignments of error which we find to be without merit. We find no prejudicial error in defendant’s trial.

No error.

Judges Campbell and Parker concur.

Case Details

Case Name: State v. Chappell
Court Name: Court of Appeals of North Carolina
Date Published: Oct 2, 1974
Citations: 23 N.C. App. 228; 208 S.E.2d 508; 1974 N.C. App. LEXIS 2060; No. 749SC702
Docket Number: No. 749SC702
Court Abbreviation: N.C. Ct. App.
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