STATE v. STALEY

No. 67.

232 S.E.2d 680 (1977)

292 N.C. 160

STATE of North Carolina v. Benny STALEY.

Supreme Court of North Carolina.

March 7, 1977.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by T. Buie Costen, Sp. Deputy Atty. Gen., Raleigh, for the State.

Franklin D. Smith, Elkin, for defendant-appellant.


EXUM, Justice.

We allowed further review to determine whether certain remarks made by the trial judge during cross-examination of a state's witness constituted an expression of opinion upon the evidence in violation of General Statute 1-180. We are of the opinion that, by these remarks, the court inadvertently communicated to the jury an attitude prejudicially antagonistic to defendant's case and that a new trial is consequently required.

This Court has been...

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