State v. Fearing

COPELAND, Justice.

This is one of three cases decided by our Court today which arise out of the same accident in Dare County. See State v. Charles Fearing, 304 N.C. 471, 284 S.E. 2d 487 (1981); State v. Duvall, 304 N.C. 557, 284 S.E. 2d 495 (1981). The instant case, State v. Malcolm Fearing, is before us specifically upon the State’s appeal from the Court of Appeals’ decision ordering a new trial of defendant for error in the judge’s instructions upon the essential elements of a hit-and-run offense under G.S. 20-166. This identical issue, concerning the adequacy of the instructions about the…