STATE v. EAGLE

No. 724.

63 S.E.2d 170 (1951)

233 N.C. 218

STATE v. EAGLE.

Supreme Court of North Carolina.

February 2, 1951.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., and T. W. Bruton, Asst. Atty. Gen., for the State.

Higgins & McMichael, Winston-Salem, for defendant.


DENNY, Justice.

The question posed for decision is whether the failure of the trial judge to sustain the defendant's objection to the proposal of the Solicitor to exhibit an unidentified bottle of whiskey to the jury for its inspection and examination for the evident purpose of bolstering the State's evidence against the defendant, constitutes prejudicial error in light of the following instruction given by the trial judge in his charge to the jury: "There is some...

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