Legal Opinion

State v. Bell

Court of Appeals of North Carolina

Decided September 5, 2006No. COA05-1382PublishedCited by 5 opinions

1Opinion of the Court

WYNN, Judge.

“In all cases, civil or criminal, if no evidence is introduced by the defendant, the right to open and close the argument to the jury shall belong to him.” 1 Defendant argues that since he offered no evidence at his trial, the trial court erred by denying him the right to close argument to the jury. For the reasons given in State v. Shuler, 135 N.C. App. 449, 452-53, 520 S.E.2d 585, 588-89 (1999) and State v. Wells, 171 N.C. App. 136, 140, 613 S.E.2d 705, 706-08 (2005), we agree with Defendant and order a new trial.

This appeal arises from Defendant’s trial on the charges of…

2Cases cited4 opinions

  1. State v. . RaperSupreme Court of North Carolina · 1932
  2. State v. HallCourt of Appeals of North Carolina · 1982
  3. State v. ShulerCourt of Appeals of North Carolina · 1999
  4. State v. WellsCourt of Appeals of North Carolina · 2005

3Cited by5 opinions

  1. State v. EnglishCourt of Appeals of North Carolina · 2008
  2. State v. HennisCourt of Appeals of North Carolina · 2007
  3. State v. LindseyCourt of Appeals of North Carolina · 2016
  4. State v. MatthewsCourt of Appeals of North Carolina · 2012
  5. State v. MillerCourt of Appeals of Georgia · 2009

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