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25 N.C. App. 318

State v. Candler

Court of Appeals of North Carolina · decided 1975-04-02

Cited by 2 later decisions — most recently February 1977

2 state decisions

Relies on State v. Holton · State v. . Dickey · State v. . Warren

Good law ✅— No negative treatment on recordhow we know

Decided 1975-04-02

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PARKER, Judge.

¶1Defendants assign as errors, first, the denial of their motions for directed verdicts of not guilty, and, second, the failure of the court “to properly instruct the jury as to the value of circumstantial evidence.” We find no error in either assignment.

¶2The evidence, when viewed in the light most favorable to the State, was amply sufficient to require submission of the cases to the jury, and defendants’ motions, which we treat as motions for nonsuit, State v. Holton, 284 N.C. 391, 200 S.E. 2d 612 (1973), were properly denied.

¶3The court correctly instructed the jury as-to the burden and quantum of proof required for conviction, and absent a request for special instructions the court was not required to *319instruct the jury as to how it should view circumstantial evidence. State v. Warren, 228 N.C. 22, 44 S.E. 2d 207 (1947) ; State v. Murray, 21 N.C. App. 573, 205 S.E. 2d 587 (1974) ; 3 Strong; N. C. Index 2d, Criminal Law, § 112, p. 8.

¶4We have carefully reviewed the entire record and find

¶5No error.

Judges Hedrick and Clark concur.
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