State v. Hooker
Decision Date | 13 January 1956 |
Docket Number | No. 724,724 |
Parties | STATE, v. Willie Garfield HOOKER, Charlie Holden, and John Edward Williams. |
Court | North Carolina Supreme Court |
Jennings G. King, Laurinburg, for defendant Hooker, appellant.
Wm. R. Rodman, Jr., Atty. Gen., Claude L. Love, Asst. Atty. Gen., for the State.
In apt time defendant, appellant, in writing requested the trial court to give these special instructions:
The court refused to give either of these instructions, and to the failure to do so, defendant excepted, and assigns same as error.
While the court is not required to give the instruction in the exact language of the request, if request be made for a specific instruction, which is correct in itself and supported by evidence, the court must give the instruction at least in substance. State v. Booker, 123 N.C. 713, 31 S.E. 376; State v. Henderson, 206 N.C. 830, 175 S.E. 201; State v. Pennell, 232 N.C. 573, 61 S.E.2d 593.
Indeed, here the requested instructions find support in decisions of this Court. State v. Barber, 113 N.C. 711, 18 S.E. 515; State v. Williams, 185 N.C. 643, 116 S.E. 570; State v. Ashburn, 187 N.C. 717, 122 S.E. 833.
However, the court did give general instructions in this respect. But defendant contends, and we think rightly so, that the charge as given by the court failed to cover substantially the matters included in the requested instruction in that: The court failed to instruct the jury (1) 'that Purcell and Williams were actually accomplices, according to their testimony,' and (2) 'that their testimony as to defe...
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