STATE v. HOPPER

No. 17.

234 S.E.2d 580 (1977)

292 N.C. 580

STATE of North Carolina v. Benjamin Franklin HOPPER.

Supreme Court of North Carolina.

May 10, 1977.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by Henry H. Burgwyn, Associate Atty., Raleigh, for the State of North Carolina.

John E. Gehring, Walnut Cove, and Ronald M. Price, Madison, for defendant appellant.


HUSKINS, Justice:

Defendant contends that the district attorney's argument to the jury was improper and that the court erred in permitting the prosecutor to comment on defendant's failure to testify. The challenged argument is apparently located on pages 79, 80 and 92 of the record.

We note at the outset that defense counsel did not object to the challenged remarks at the time nor was the attention of the court called to them.

It has long been the...

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