State v. Tew

MARTIN (Robert M.), Judge.

Defendant’s assignments of error pertain to actions and comments of the trial judge which were purportedly prejudicial. We will deal with them seriatim.

I

Defendant contends that it was a prejudicial expression of opinion for the trial judge to interject the remark “who cares?” after a question asked by defendant’s counsel in violation of G.S. 1-180. In the cross-examination of Magdeline Gilmore, decedent’s spouse, counsel for defendant was inquiring as to what she did immediately after the alleged stabbing. She stated that she called the rescue squad and then she…