Legal Opinion

State v. Hester

Court of Appeals of North Carolina

Decided August 1, 1978No. 7810SC240PublishedCited by 3 opinions

1Opinion of the Court

ERWIN, Judge.

Defendant contends that the trial court erred in defining “reasonable doubt” as follows in its charge:

“A reasonable doubt is a doubt based on reason and common sense arising out of some or all of the evidence that has been presented or a lack or insufficiency of the evidence as the case may be.

Proof beyond a reasonable doubt is proof that fully satisfies or entirely convinces you of the defendant’s guilt.”

Relying on State v. Hammonds, 241 N.C. 226, 85 S.E. 2d 133 (1954), defendant maintains that the trial court erred in failing to include “satisfied to a moral certainty” in the…

2Cases cited13 opinions

  1. State v. PopeSupreme Court of North Carolina · 1962
  2. State v. SmithSupreme Court of North Carolina · 1977
  3. State v. HammondsSupreme Court of North Carolina · 1954
  4. State v. BooneSupreme Court of North Carolina · 1977
  5. State v. LocklearSupreme Court of North Carolina · 1978

8 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State v. MidyetteCourt of Appeals of North Carolina · 1987
  2. State v. EdwardsCourt of Appeals of North Carolina · 1980
  3. State v. MidyetteCourt of Appeals of North Carolina · 1987

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