State v. Cousin

BRANCH, Justice.

Defendant contends that the trial judge violated the provisions of G.S. 1-180 by expressing an opinion in that he incorrectly charged the jury as to the reason the State did not seek a verdict of murder in the first degree.

Defendant relies on the well-recognized rule that every person charged with a crime has a right to a trial before an impartial judge and an unprejudiced jury in an atmosphere of judicial calm. State v. Canipe, 240 N.C. 60, 81 S.E. 2d 173. G.S. 1-180 forbids any intimation of the trial judge’s opinion in any form whatsoever. State v. Simpson, 233 N.C. 438, 64…