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253 N.C. 577

State v. Freeman

Supreme Court of North Carolina

Decided December 14, 1960

Supreme Court of North Carolina · decided 1960-12-14

Decided 1960-12-14

Per CuRiam.

¶1The court charged the jury the defendant’s plea of not guilty was a challenge to the credibility of the State’s evidence, entitling defendant “to an acquittal unless and until the State has satisfied you from the evidence and by its greater weight of his guilt.”

¶2Conviction could only be had upon proof of guilt beyond a reasonable doubt. .The jury was so informed in a subsequent portion of the *578charge. The error in defining the degree of proof required was undoubtedly a “slip of the tongue.” Nonetheless, it was prejudicial, entitling defendant to a

¶3New trial.

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