State v. Hubert

Supreme Court of North Carolina

State v. Hubert

129 S.E.2d 888, 259 N.C. 140, 1963 N.C. LEXIS 491

DecidedMarch 20, 1963

StatusPublished

This text of 129 S.E.2d 888 (State v. Hubert) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Hubert, 129 S.E.2d 888, 259 N.C. 140, 1963 N.C. LEXIS 491 (N.C. 1963).

Pincite

Opinion

Per Curiam.

Tbe defendant 'assigns as error the action of the court in summarizing for the jury the testimony the witness bad given instead of leaving it to the Solicitor to re-question the witness.

In view of our recent decision in the case of S. v. Payton, 255 N.C. 420, 121 S.E. 2d 608, we hold that this assignment of error is well taken and should be upheld.

Other assignments of error need not be considered since they may not recur on another trial.

The defendant is entitled to a new trial and it is so ordered.

New trial.

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