State v. Gibson

CAMPBELL, Judge.

The defendant stipulated that the substance received from Agent Woodall and analyzed by Agent McSwain was heroin. He did not stipulate that Agent McSwain would have testified that it was heroin. The court did not err when, in its instruction, it recited the stipulation and charged that “no further proof is required for the facts stated in the agreement.” Compare State v. Thornton, 17 N.C. App. 225, 193 S.E. 2d 373 (1972) (first syllabus).

*307At the close of all the evidence and after the jury had been instructed and retired for deliberation, the defendant requested the court to…