State v. Duvall

Justice HUSKINS

dissenting.

For the reasons stated in my dissent in State v. Charles Fearing (Case No. 28, filed this date), I respectfully dissent from the portion of the majority opinion which orders a new trial for error in the judge’s instructions upon the elements of a hit-and-run offense under G.S. 20-166.

I also dissent from that portion of the majority opinion which holds that Judge Brown was without authority to order a special venire in this case. My reasons are fully set forth in my dissent in State v. Charles Fearing (Case No. 28, filed this date) and State v. Malcolm Fearing (Case No. 27, filed this date).

I am authorized to say that Justice MEYER joins in this dissent.

Chief Justice BRANCH joins in that portion of this dissent relating to the judge’s instructions on hit-and-run under G.S. § 20-166. Justice CARLTON joins in that portion of this dissent relating to the authority of Judge Brown to order a special venire.