Legal Opinion

State v. McCullers

Court of Appeals of North Carolina

Decided October 15, 1985No. 8511SC126PublishedCited by 6 opinions

1Opinion of the Court

HEDRICK, Chief Judge.

Defendant first assigns error to the definition of “reasonable doubt” used in the court’s charge to the jury. The instruction prepared by defendant was not used, and he now argues that the instruction given to the jury did not conform to his requested instruction and that it erroneously placed upon defendant the burden of establishing the existence of a reasonable doubt. A trial judge is not required to give an instruction exactly as requested, but is merely required to give a correct instruction of the applicable law. State v. Monk, 291 N.C. 37, 54, 229 S.E. 2d 163, 174…

2Cases cited3 opinions

  1. State v. MonkSupreme Court of North Carolina · 1976
  2. State v. McDowellSupreme Court of North Carolina · 1980
  3. State v. SandersSupreme Court of North Carolina · 1979

3Cited by6 opinions

  1. Gargliano v. StateCourt of Appeals of Maryland · 1994
  2. State v. CoffeySupreme Court of North Carolina · 1994
  3. State v. SpellmanCourt of Appeals of North Carolina · 2004
  4. State v. GreenCourt of Appeals of North Carolina · 1991
  5. State v. MixionCourt of Appeals of North Carolina · 1995

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