State v. . Wilson

90 N.C. 736

• Court: Supreme Court of North Carolina
• Decided: February 5, 1884
• Status: Published

Opinion

MerriMON, J.

The counsel who, in his argument to the jury, trauseends the limits of just debate by stating facts outside of the case, or making arguments and drawing inferences, not only not allowed, but forbidden by the law, seriously violates professional propriety, whether prompted by undue zeal for his client’s cause or less worthy considerations. We believe-that this is not often done by counsel in this state, but if occasionally it is, we are sure that under the check and rebuke of the court, it recoils more or less upon the client of him who thus forgets his duty and his station as a lawyer.

In this case the zeal of the counsel led him to go an unwarranted length, but the just judge was prompt to explain fully to- ihe jury the law applicable, and to caution them in plain, strong terms that what the counsel had said improperly ought not to prejudice the defendant. It does not appear that it did in the slightest degree. The judge who presided at the trial could best determine whether or not harm was done to the defendant by the matter complained of. ¥e are very sure that if he had thought so, he would have been prompt to.grant a new trial, as he had the power to do.

We have repeatedly held recently that the ground assigned in this case as error is not sufficient for a new trial. Overcash v. Katchie, 89 N. C., 384; State v. Suggs, Ib., 527; State v. Bryan, Ib., 531; State v. Sheets, Ib., 543.

No error appearing in the record, this judgment must be affirmed, and to this end let this opinion be certified to the superior court of Ashe county. It is so ordered.

No error. Affirmed.