Legal Opinion

State v. Collins

Court of Appeals of North Carolina

Decided October 10, 1973No. 7312SC664Published

1Opinion of the Court

VAUGHN, Judge.

Defendant’s only assignment of error is that by ordering defendant incarcerated during the course of the trial and permitting the jury to observe defendant in custody, the court violated G.S. 1-180.

The following is the only reference in the record to the incarceration which defendant alleges entitles him to a new trial:

“Court: Let the record show that the attorney for the defendant has made an objection as to the defendant being incarcerated for the night. Let the record further show that on previous occasions according to information by the Solicitor, the defendant has failed…

2Cases cited5 opinions

  1. State v. SimpsonSupreme Court of North Carolina · 1951
  2. State v. MangumSupreme Court of North Carolina · 1957
  3. State v. McBrydeSupreme Court of North Carolina · 1967
  4. State v. DobyCourt of Appeals of North Carolina · 1973
  5. State v. BarnesCourt of Appeals of North Carolina · 1969

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