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STATE v. SHAW

No. 68SC173.

162 S.E.2d 33 (1968)

1 N.C. App. 606

STATE of North Carolina v. Joe Lewis SHAW.

Court of Appeals of North Carolina.

July 10, 1968.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Deputy Atty. Gen. Harry W. McGalliard, for the State.

Nassif & Churchill, by James R. Rogers, III, for defendant.

MALLARD, Chief Judge.

Defendant's first assignment of error is to a part of a sentence of the charge in which the Court refers to the witness Smith as "an admitted accomplice." The defendant contends that this was prejudicial error because it amounted to an expression of opinion as to the weight and credibility of the witness Smith's testimony by the trial judge. The entire sentence in which these words appear reads as follows...

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