State v. Vance
Decision Date | 18 November 1970 |
Docket Number | No. 52,52 |
Court | North Carolina Supreme Court |
Parties | STATE of North Carolina v. Franklin VANCE. |
Atty. Gen., Robert Morgan and Staff Atty. Donald M. Jacobs, Raleigh, for the State.
Phin Horton, Jr., and Harold R. Wilson, Winston-Salem, for defendant.
Defendant assigns as error the instructions of the trial judge concerning the defendant's wife's testimony as an interested witness. In this connection, the trial judge charged:
This assignment of error is without merit. Similar charges have been approved in State v. Barnhill, 186 N.C. 446, 119 S.E. 894; State v. Morgan, 263 N.C. 400, 139 S.E.2d 708; State v. Faust, 254 N.C. 101, 118 S.E.2d 769. Neither was there prejudicial error in the trial court's failure to give a similar instruction as to possibly interested State's witnesses since defendant did not request such instruction on this subordinate feature of the trial. State v. Sauls, 190 N.C. 810, 130 S.E. 848.
Defendant assigns as error the failure of the trial judge to correctly instruct the jury on his defense of alibi.
Defendant's evidence of alibi relates to a substantive feature of the case, so without tendering a special prayer he was entitled to an instruction as to the legal effect of his evidence, if it should be accepted by the jury. State v. Melton, 187 N.C. 481, 122 S.E. 17; State v. Spencer, 256 N.C. 487, 124 S.E.2d 175.
The sole reference to defendant's chief defense of alibi in the trial judge's instructions to the jury was the following:
In State v. Spencer, supra, the court's charge as to defendants' defense of alibi consisted of a statement to the effect that defendants contended they were not present when the crime was committed. This Court, holding the charge to be erroneous, stated:
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State v. Woods, 13
...1973), a defendant who offered alibi evidence was entitled to such instruction without specifically requesting it. State v. Vance, 277 N.C. 345, 177 S.E.2d 389 (1970); State v. Leach, 263 N.C. 242, 139 S.E.2d 257 (1964); State v. Gammons, 258 N.C. 522, 128 S.E.2d 860 (1963); State v. Spence......
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State v. Vick
...which does not require the trial judge to give the cautionary instruction Unless there is a request for such instruction. State v. Vance, 277 N.C. 345, 177 S.E.2d 389; State v. Brinson, 277 N.C. 286, 177 S.E.2d 398; State v. Roux, 266 N.C. 555, 146 S.E.2d 654; State v. Andrews, 246 N.C. 561......
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State v. Hunt
...his failure to request it. Authoritative decisions of this Court support defendant's position. State v. Vance, 277 N.C. 345, 347--348, 177 S.E.2d 389, 390--391 (1970); State v. Leach, 263 N.C. 242, 139 S.E.2d 257 (1964); State v. Gammons, 258 N.C. 522, 524, 128 S.E.2d 860, 862 (1963); State......
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State v. Shore
...July 1973), a defendant who offered alibi evidence was entitled to such instruction without specially requesting it. State v. Vance, 277 N.C. 345, 177 S.E.2d 389 (1970); State v. Leach, 263 N.C. 242, 139 S.E.2d 257 (1964); State v. Gammons, 258 N.C. 522, 128 S.E.2d 860 (1963); State v. Spen......