State v. Davis

Supreme Court of North Carolina
State v. Davis, 251 N.C. 93 (N.C. 1959)
110 S.E.2d 614; 1959 N.C. LEXIS 523
Ctjeiam, Higgins

State v. Davis

Opinion of the Court

PER Ctjeiam.

The sole assignment of error relates to the interrogation of a defense witness by the court. Defendant contends that it amounted to an “expression of ... opinion on the weight and credibility *94of the testimony” of the witness. G.S. 1-180. A careful consideration of the challenged questions and the responses thereto leads to the definite conclusion that questions asked by the court were merely of a clarifying nature. State v. Stevens, 244 N.C. 40, 44, 92 S.E. 2d 409. To be entitled to a new trial defendant must show prejudice. State v. Creech, 229 N.C. 662, 672, 51 S.E. 2d 348. No prejudicial error has been shown.

No error.

Higgins, J., not sitting.

Reference

Full Case Name
STATE v. JOHN M. DAVIS, JR.
Status
Published