State v. Vail

CLARK, Judge.

We find that the only assignment of error which merits discussion relates to the charge of the trial court in stating the contentions of the State and failing to give the contentions of the defendant.

The trial judge is not required by G.S. 1-180 or other law to give the contention of the parties; but when he does state the contentions of the State on a particular aspect of the case, it is error to fail to state defendant’s opposing contentions arising out of the evidence, or lack of the evidence, on the same aspect of the case. State v. Thomas, 284 N.C. 212, 200 S.E. 2d 3 (1973)…