State v. Eason

WHICHARD, Judge.

Guilt Phase

G.S. 15A-1232 provides, in pertinent part: “In instructing the jury, the judge must declare and explain the law arising on the evidence. He is not required to state the evidence except to the extent necessary to explain the application of the law [thereto].” Defendant contends he is entitled to a new trial because the court here “gave no summary of [his] evidence and stated only so much of the State’s evidence and contentions as was necessary to support a guilty verdict.”

Defendant, however, did not object to this at trial. After the jury retired, but before it began…