STATE v. HARDIN

No. 7818SC524.

248 S.E.2d 458 (1978)

38 N.C. App. 558

STATE of North Carolina v. Christopher E. HARDIN and Frankie P. Hardin.

Court of Appeals of North Carolina.

November 7, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. J. Chris Prather, Raleigh, for the State.

Asst. Public Defender, Thomas F. Kastner, for defendants-appellants.


MORRIS, Judge.

Defendants assign as prejudicial error the trial court's finding, in the presence of the jury, that a confession was made "freely and voluntarily". They assert that such a finding in the jury's presence amounted to an expression of opinion on the evidence in violation of G.S. 1-180. The State concedes there was a technical violation of the statute, but argues that, considering the entire record, the error was not prejudicial. The State correctly points...

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