Penland v. Greene

EXUM, Justice.

On several occasions during the course of the trial, the judge allowed motions to strike certain testimony and the jury was told on each occasion to disregard that testimony and not consider it in their deliberations. In his final instructions to the jury the judge said:. . . The Court will again instruct you that when it has instructed you to disregard testimony, disabuse it from your mind not to consider it. Please follow those instructions in your deliberations.

Defendant strenuously argues that the second and third “it” in the first sentence quoted above refer to the judge’s…