STATE v. McNEIL

No. 292.

58 S.E.2d 366 (1950)

231 N.C. 666

STATE v. McNEIL.

Supreme Court of North Carolina.

March 29, 1950.


Attorney(s) appearing for the Case

Attorney-General Harry McMullan and Assistant Attorney-General Ralph Moody and Walter F. Brinkley, Member of Staff, Lexington, for the State.

Max C. Wilson and Hal B. Adams, Lenoir, for defendant.


STACY, Chief Justice.

The principal question for decision is whether the court prejudiced the defendant's case by ordering his witness into custody in the presence of the jury without assigning any reason therefor.

It is freely conceded that the court may not impeach or disparage the testimony of a material witness for the defendant in a criminal prosecution. The authorities are to the effect that no judge at any time during the trial of a cause is permitted...

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