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STATE v. CODY

No. 7826SC1172.

253 S.E.2d 642 (1979)

40 N.C. App. 735

STATE of North Carolina v. Judy Faye CODY.

Court of Appeals of North Carolina.

April 17, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Associate Atty. Gen. Rebecca R. Bevacqua, Raleigh, for the State.

Ann C. Villier, Asst. Public Defender, for defendant.

CARLTON, Judge.

Defendant first assigns as error improper judicial comment on the evidence. She argues that the trial judge, in three instances, expressed an opinion on the evidence.

After allowing defense counsel to reenact the incident on cross-examination of the prosecuting witness, defense counsel then asked the witness to "tell me when six minutes is up." The court sustained the state's objection and stated...

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