State v. Owens

WHICHARD, Judge.

G.S. 15A-1232 provides, in pertinent part: “In instructing the jury, the judge must declare and explain the law arising on the evidence. He is not required to state the evidence except to the extent necessary to explain the application of the law [thereto].” Defendant argues that the court here failed to give any summary of the evidence and that “no summary of the evidence at all is insufficient to explain the application of the law [thereto].”

Defendant, however, did not object to this omission before the jury retired. He thus has waived his right to assign error thereto. Rule…