State v. Respass

MORRIS, Judge.

Defendant brings forward ten assignments of error. After grouping defendant’s major contentions by subject matter, we find that defendant presents for this Court’s disposition alleged problems of (1) variance; (2) prejudicial opinions rendered by the court in violation of G.S. 1-180; (3) erroneous jury instructions regarding intoxication, burden of proof and larceny; and (4) a constitutionally invalid verdict because of an allegedly incompetent juror’s purported disaffirmance of her verdict.

The defendant first asserts that the charges to the jury regarding both the breaking or…