State v. Brower & Johnson

Supreme Court of North Carolina

Decided September 12, 1977

Supreme Court of North Carolina · decided 1977-09-12

Relies on Hankerson v. North Carolina · State v. Brower

Good law ✅— No negative treatment on recordhow we know

Decided 1977-09-12

How this case has been cited

Cited by 14 later decisions — most recently September 2011

13 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1ORDER DENYING MOTION FOR RECONSIDERATION

¶2INASMUCH as defendants 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. Brower & Johnson, 289 N.C. 644 (1976), they have waived their right now to complain about such errors. Hankerson v. North Carolina, --- U.S. ---, 53 L.Ed. 2d 306, 316, n. 8 (1977). Now, therefore, it is

¶3ORDERED by the Court in Conference that defendants’ motion for reconsideration be and it is hereby denied.

¶4This the 12th day of September, 1977.

James G. Exum, Jr. Associate Justice

¶5For the Court