State v. Whitted

MITCHELL, Judge.

By his single assignment of error, the defendant contends that the trial judge committed prejudicial and reversible error in his instructions to the jury by stating the defendant’s contentions upon assumed facts not in evidence and, thereby, expressed an opinion in violation of G.S. 1-180. This assignment of error is meritorious.

At the outset we note that G.S. 1-180 was repealed effective 1 July 1978. The enactment of G.S. 15A-1232, effective concurrently with the repeal of G.S. 1-180, restated and brought forward the substance of the former statute. See also G.S. 15A-1222. By…