State v. Walters

Judge Britt

dissenting:

I respectfully dissent to the majority opinion awarding defendant a new trial on the ground that the trial judge committed reversible error in not allowing defendant to read the provisions of G.S. 14-17 and 14-18 to the jury. In view of the authorities cited in the majority opinion, I think the trial court erred but I do not think the error was sufficiently prejudicial to require a new trial.

It is well settled in this jurisdiction that a defendant has the burden not only to show error but also to show that the error complained of affected the result adversely to him.…