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State v. Chappell

North Carolina Court of Appeals
Oct 1, 1974
208 S.E.2d 508 (N.C. Ct. App. 1974)

Opinion

No. 749SC702

Filed 2 October 1974

Criminal Law 113, 119 — instructions on evidence — instructions not requested In the absence of a request, the trial court was not required to instruct the jury that they were to use their own memory in recalling the evidence and that they were not to take his recapitulation of the evidence as fact.

APPEAL by defendant from Bailey, Judge, 18 February 1974 Session of Superior Court held in PERSON County.

Defendant was convicted of resisting a public officer while the officer was attempting to arrest defendant, a violation of G.S. 14-223. After a verdict of guilty, judgment was entered imposing an active sentence within the limits provided by law.

Attorney General James H. Carson, Jr., by Walter E. Ricks III, Assistant Attorney General, and C. Diederich Heidgerd, Associate Attorney, for the State.

Burke and King by Ronnie P. King for defendant appellant.


Defendant's court appointed counsel contends that it was error for the judge to fail to instruct the jury that they were to use their own memory in recalling the evidence and that they were not to take his recapitulation of the evidence as fact. Defendant did not request the Court to give that instruction and it is not required in the absence of a request. State v. Harris, 213 N.C. 648, 197 S.E. 142.

Defendant has brought forward other assignments of error which we find to be without merit. We find no prejudicial error in defendant's trial.

No error.

Judges CAMPBELL and PARKER concur.


Summaries of

State v. Chappell

North Carolina Court of Appeals
Oct 1, 1974
208 S.E.2d 508 (N.C. Ct. App. 1974)
Case details for

State v. Chappell

Case Details

Full title:STATE OF NORTH CAROLINA v. BARRY LEE CHAPPELL

Court:North Carolina Court of Appeals

Date published: Oct 1, 1974

Citations

208 S.E.2d 508 (N.C. Ct. App. 1974)
208 S.E.2d 508

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