State v. . Reed
This text of 107 S.E. 443 (State v. . Reed) 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.
Opinion
The evidence of the guilt of the defendant is plenary. The exceptions relate to a statement of the contentions of the State and the defendants, and to alleged expression of opinion on the facts.
It is stated in the record that the contentions of the defendant. were based on and taken from the argument of his counsel to the jury, and no objection was made or exceptions taken to the contentions given at the time the charge was delivered, neither was there any request from counsel for other or more specific instructions.
This disposes of the exceptions to the statement of the contentions, as such objection must be made at the time to afford the judge an opportunity to correct any error. Phifer v. Comrs., 157 N. C., 150.
We find no expression of opinion on the facts in the charge. When the judge said, “Reed and Eller, I believe, got out and went up to that house,” he was simply giving his recollection of the evidence, and he stated it correctly.
. There is nothing in the record that will justify disturbing the verdict.
No error.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
107 S.E. 443, 181 N.C. 507, 1921 N.C. LEXIS 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reed-nc-1921.