State v. Lee

HUSKINS, Justice.

Defendant Lee demanded and was denied the right to make the closing argument to the jury. This is his first assignment of error.

Rule 3, Rules of Practice in the Superior Courts of North Carolina, provides that “[i]n all cases, civil or criminal, when no evidence is introduced by the defendant, the right of reply and conclusion shall belong to his counsel.” See G.S. 4-A, Appendix 1(2), page 201.

Construing this rule in State v. Robinson, 124 N.C. 801, 32 S.E. 494 (1899), the Court held that where there are several defendants, and one of them introduces evidence, “that gives the…