Legal Opinion

State v. Stewart

Court of Appeals of North Carolina

Decided October 25, 1972No. 7210SC612PublishedCited by 4 opinions

1Opinion of the Court

MALLARD, Chief Judge.

The defendant’s first assignment of error is that the trial court erred “in allowing the State to continually recall witnesses over objection by defendant.” The record reveals that one State’s witness testified four different times, another witness testified three different times, and another witness testified on two different occasions. The rule is that the recalling of witnesses ordinarily rests in the sound discretion of the trial judge. See State v. Bentley, 1 N.C. App. 365, 161 S.E. 2d 650 (1968) and 98 C.J.S., Witnesses, § 365. In Moore v. Bezalla, 241 N.C. 190, 84…

2Cases cited7 opinions

  1. State v. RogersSupreme Court of North Carolina · 1951
  2. State v. BlackmonCourt of Appeals of North Carolina · 1969
  3. State v. TewSupreme Court of North Carolina · 1951
  4. Moore v. BezallaSupreme Court of North Carolina · 1954
  5. State v. BentleyCourt of Appeals of North Carolina · 1968

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

3Cited by4 opinions

  1. State v. MillerCourt of Appeals of North Carolina · 1975
  2. State v. ThompsonCourt of Appeals of North Carolina · 1978
  3. State v. ReynoldsCourt of Appeals of North Carolina · 1973
  4. State v. StewartCourt of Appeals of North Carolina · 1972

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