State v. Moore

BROCK, Chief Judge.

The defendant assigns error to statements made by the trial judge in his instructions to the jury. The defendant maintains that the trial judge's statement of the State’s contentions amounted to an opinion on the facts in violation of G.S. 1-180 and that this error was compounded by the trial judge’s misstatement of the defendant’s contentions.

General Statute 1-180 reads as follows:

“Judge to explain law, but give no opinion on facts.— No judge, in giving a charge to the petit jury in a criminal action, shall give an opinion whether a fact is fully or sufficiently proven,…