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247 N.C. 266

State v. Muscat

Supreme Court of North Carolina

Decided November 27, 1957

Supreme Court of North Carolina · decided 1957-11-27

Cited by 2 later decisions — most recently October 1959

2 state decisions

Relies on State v. Cephus · State v. Warren · State v. . Carver

Good law ✅— No negative treatment on recordhow we know

Decided 1957-11-27

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Per Curiam:

¶1Certain portion of the charge of the trial judge to the jury in respect to defendant’s plea of self-defense, to which defendant excepts, while proper in trial of a homicide case, the Attorney General confesses is improper in instant case, and is prejudicial to defendant, under authority of S. v. Warren, 242 N.C. 581, 89 S.E. 2d, 109; S. v. Cephus, 239 N.C. 521, 80 S.E 2d, 147; S. v. Carver, 213 N.C. 150, 195 S.E. 349.

¶2Hence let there be a

¶3New trial.

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