State v. Bennett

MITCHELL, Justice.

The defendant’s sole question before the Court of Appeals concerned the propriety of the trial court’s unrequested jury instruction regarding the defendant’s failure to testify at trial. The Court of Appeals found that the defendant had not preserved his right of appeal due to his failure to object to the instruction as given as required by Rules of Appellate Procedure [hereinafter “Rules”] 10(b)(2). The Court of Appeals held that Rule 21 of the General Rules of Practice for the Superior and District Courts [hereinafter “General Rules”] conflicted with G.S. 15A-1231(b) and,…