State v. Gibson

The State concedes that assignments of error Nos. 12 and 13 present prejudicial error.

Assignment of error No. 12 is based on an exception to the peremptory instruction given to the jury as follows: “Now, members of the jury, the court charges you that if you find from the evidence the facts to be as all the evidence tends to show, it would be your duty to return a verdict of guilty in this case.”

In S. v. Hayden, 224 N.C. 779, 32 S.E. 2d 333, this Court, in considering a similar instruction, said: “The court’s instruction deprived the defendant of his right to have the jury consider the…