STATE v. BROWN

No. 818SC761.

289 S.E.2d 106 (1982)

STATE of North Carolina v. Gerald BROWN.

Court of Appeals of North Carolina.

March 16, 1982.


Attorney(s) appearing for the Case

Appellate Defender Adam Stein by Asst. Appellate Defender Nora B. Henry, Raleigh, for defendant-appellant.

Atty. Gen. Rufus L. Edmisten by Associate Atty. Barry S. McNeill, Raleigh, for the state.


MORRIS, Chief Judge.

Defendant assigns error to the trial court's summary of defendant's evidence, alleging material misstatements of the testimony of William Dudley, owner and operator of the Eagle Taxi Stand, and omission of Ella Burney's testimony. Defendant asserts that the jury could have inferred from such irregularities that the judge expressed an opinion, rendering the summary prejudicial. We disagree.

"It is well settled in this jurisdiction that...

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