Supreme Court of North Carolina, 1956

State v. Taylor

State v. Taylor
Supreme Court of North Carolina · Decided March 21, 1956 · Per Curiam
91 S.E.2d 924; 243 N.C. 688; 1956 N.C. LEXIS 607 (South Eastern Reporter, Second Series)

State v. Taylor

Opinion

*690 Per Curiam.

The questions and comment by the court tended to impeach or discredit the defendant. Counsel may cross-examine. The court cannot. Regardless of how unreasonable or improbable the defendant’s story, the court must maintain the “cold neutrality of an impartial judge.” Though not intended, the trial court’s questions may well have influenced the jury against the defendant. The danger is too great to permit the verdict to stand. The record discloses other assignments of error not without merit.

On the authority of S. v. Smith, 240 N.C. 99, 81 S.E. 2d 263, and cases there cited, a new trial is ordered.

New trial.

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