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STATE v. SMITH

No. 247A92.

438 S.E.2d 719 (1994)

STATE of North Carolina v. Roland Douglas SMITH.

Supreme Court of North Carolina.

January 28, 1994.

Attorney(s) appearing for the Case

Michael F. Easley, Atty. Gen. by John H. Watters, Sp. Deputy Atty. Gen., Garner, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender, by Staples Hughes, Asst. Appellate Defender, Raleigh, for defendant-appellant.

WEBB, Justice.

The defendant first assigns error to the court's refusal to let his attorney make certain arguments to the jury. We believe this assignment of error has merit. The following occurred during the closing argument by the defendant's attorney:

What does it mean to sit in this man's chair right here and be innocent? You didn't do it. Take the next step. What does it mean to spend the rest of your life in a cage? MR. DELLINGER: Objection...

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