State v. Best

MOORE, Justice.

Defendant first assigns as error the denial of his motion to prevent private counsel from appearing to aid the solicitor in prosecuting the case. Defendant concedes that the practice of allowing private prosecution is deeply rooted in North Carolina practice. However, he urges that with the enactment of Article 9 of Section 7A of the General Statutes, effective January 1, 1971, the role of the solicitor has changed from that of an advocate to an impartial officer of the court who is concerned with obtaining justice.

G.S. 7A-61 provides that the solicitor shall prosecute in the…