State v. Carnes

BRITT, Judge.

Defendant first assigns as error the trial court’s incarceration of defendant pending the start of his trial on the following morning.

In State v. Smith, 237 N.C. 1, 74 S.E. 2d 291 (1953), opinion by Justice (later Chief Justice) Parker, we find:

“ ‘ * * * It is within the discretion of the trial court whether accused should be placed in custody; and the court’s proper exercise of discretion is not error where the jury were unaware that accused had been placed in custody, or were not influenced by that fact.’ 23 C.J.S., Criminal Law, Sec. 977.”

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“ ‘In the absence of…