STATE v. WHITE

No. 781SC264.

246 S.E.2d 71 (1978)

37 N.C. App. 394

STATE of North Carolina v. Oscar WHITE, alias "Monk" White, Defendant, and Stanley White, Defendant.

Court of Appeals of North Carolina.

August 1, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Lucien Capone, III, Associate Atty. Gen., Raleigh, for the State.

O. C. Abbott, Elizabeth City, for defendant-appellant, Oscar White.

John V. Matthews, Jr., Hertford, for defendant-appellant, Stanley White.


WEBB, Judge.

Defendants contend that, in violation of G.S. 1-180, the trial judge impermissibly expressed an opinion on the evidence through his questioning of a witness at trial. During the direct examination of State's witness Vivian Johnson, the trial judge interrupted and asked this question: "Did you say how much time elapsed from the time you saw `Monk' in the vicinity of the door, with the gun, and when you saw Stanley shoot?" Defendant Stanley White objects...

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