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STATE v. COUSIN

No. 39.

233 S.E.2d 554 (1977)

292 N.C. 461

STATE of North Carolina v. Michael COUSIN.

Supreme Court of North Carolina.

April 14, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Isham B. Hudson, Jr., Raleigh, for the State.

Barry T. Winston, Chapel Hill, for defendant.

BRANCH, Justice.

Defendant contends that the trial judge violated the provisions of G.S. 1-180 by expressing an opinion in that he incorrectly charged the jury as to the reason the State did not seek a verdict of murder in the first degree.

Defendant relies on the well-recognized rule that every person charged with a crime has a right to a trial before an impartial judge and an unprejudiced jury in an atmosphere of judicial calm. State v. Canipe,

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