STATE v. FISHER

No. 763SC798.

233 S.E.2d 634 (1977)

32 N.C. App. 722

STATE of North Carolina v. John Thomas FISHER, Jr.

Court of Appeals of North Carolina.

April 6, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Jo Anne Sanford Routh, Raleigh, for the State.

Beaman, Kellum, Mills & Kafer, P.A. by James C. Mills, New Bern, for defendant.


MARTIN, Judge.

The defendant first contends that the trial court erred in instructing the jury to consider defendant's testimony in light of his interest in the outcome. He argues that such an instruction constitutes an expression of opinion as to defendant's creditability in violation of G.S. 1-180. The challenged portion of the charge is as follows:

"Now, ladies and gentlemen of the jury, the Court instructs you that when a defendant in a criminal action...

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