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23 N.C. App. 228

State v. Chappell

Court of Appeals of North Carolina

Decided October 2, 1974

Court of Appeals of North Carolina · decided 1974-10-02

Cited by 2 later decisions — most recently April 1977

2 state decisions

Relies on State v. . Harris

Good law ✅— No negative treatment on recordhow we know

Decided 1974-10-02

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VAUGHN, Judge.

¶1Defendant’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.

¶2Defendant has brought forward other assignments of error which we find to be without merit. We find no prejudicial error in defendant’s trial.

¶3No error.

Judges Campbell and Parker concur.
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