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247 S.E.2d 234

293 N.C. 261

State v. May

STATE of North Carolina v. Michael Anthony MAY.

Supreme Court of North Carolina.

Decided September 12, 1977.

Relies on Hankerson v. North Carolina · Inc v. Provident Securities Company · State v. May

Decided 1977-09-12

¶1

ORDER DENYING MOTION FOR RECONSIDERATION

¶2Inasmuch as defendant did not assign as error on appeal the failure of the trial judge to place the burden of proving the absence of heat of passion or the absence of self-defense on the state, see State v. May,292 N.C. 644, 235 S.E.2d 178 (1977), he has waived his right now to complain about such errors. Hankerson v. North Carolina,423 U.S. 233, 97 S.Ct. 2339, 53 L.Ed.2d 306, 316, n. 8 (1977). Now, therefore, it is ORDERED by the Court in Conference that defendant's motion for reconsideration be and it is hereby denied.

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