Legal Opinion

State v. Taylor

Supreme Court of North Carolina

Decided January 29, 1976No. 8PublishedCited by 59 opinions

1Opinion of the Court

BRANCH, Justice.

Defendant assigns as error the trial judge’s actions in overruling his objections to certain statements made by the District Attorney during his argument to the jury.

A prosecuting attorney may not place before the jury incompetent and prejudicial matters not admissible in evidence or include in his argument facts not included in the evidence. State v. Westbrook, 279 N.C. 18, 181 S.E. 2d 572, vacated on other grounds, 408 U.S. 939, 33 L.Ed. 2d 761, 92 S.Ct. 2873; State v. Dockery, 238 N.C. 222, 77 S.E. 2d 664. However, arguments of counsel are largely in the control and…

2Cases cited23 opinions

  1. Mullaney v. WilburSupreme Court of the United States · 1975
  2. State v. WestbrookSupreme Court of North Carolina · 1971
  3. State v. HankersonSupreme Court of North Carolina · 1975
  4. State v. MillerSupreme Court of North Carolina · 1967
  5. State v. OvermanSupreme Court of North Carolina · 1967

18 more not listed; retrieve them via the Exa API.

3Cited by59 opinions

  1. State v. JohnsonSupreme Court of North Carolina · 1979
  2. State v. HardySupreme Court of North Carolina · 1977
  3. State v. HuffstetlerSupreme Court of North Carolina · 1984
  4. State v. LeeSupreme Court of North Carolina · 1994
  5. State v. SmithSupreme Court of North Carolina · 1977

54 more not listed; retrieve them via the Exa API.

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