State v. Brown

MORRIS, Chief Judge.

Defendant assigns error to the trial court’s summary of defendant’s evidence, alleging material misstatements of the testimony of William Dudley, owner and operator of the Eagle Taxi Stand, and omission of Ella Burney’s testimony. Defendant asserts that the jury could have inferred from such irregularities that the judge expressed an opinion, rendering the summary prejudicial. We disagree.

“It is well settled in this jurisdiction that in determining the propriety of the trial judge’s charge to the jury, the reviewing court must consider the instructions in their entirety,…