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293 N.C. 261

247 S.E.2d 234

State v. May

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. May

Decided 1977-09-12

¶1ORDER 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. Michael Anthony May, 292 N.C. 644 (1977), he has waived his 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 defendant’s 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

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