State v. Lackey

Among the assignments of error presented by defendant is that based: upon exception to the closing instruction given by the court to the jury in this language: “The court further in*689structs you that if you find the facts to be as all of this evidence tends to show and you so find those facts beyond a reasonable doubt, then it would be your duty to return a verdict of guilty as charged.”

Decisions of this Court indicate that the exception is well taken. See S. v. Godwin, 227 N.C. 449, 42 S.E. 2d 617, where as here there is no admission or presumption calling for explanation or reply on the part…