STATE v. McKINNEY

No. 735SC519.

198 S.E.2d 241 (1973)

19 N.C. App. 177

STATE of North Carolina v. Charles McKINNEY.

Court of Appeals of North Carolina.

August 8, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. James E. Magner, Jr., Raleigh, for the State.

Richard L. Stanley, Wilmington, for defendant.


BROCK, Judge.

Defendant assigns as error that the trial judge examined the State's witness on voir dire. The primary purpose of the admonition against the trial judge asking questions of witnesses during a trial is to avoid the expression or intimation of an opinion to the jury. However, in this case the jury was not present and could not have been influenced in any way by the judge's questions. Obviously the trial judge may not become an advocate for either side...

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