Legal Opinion

State v. Smith

Court of Appeals of North Carolina

Decided August 1, 1973No. 736SC442PublishedCited by 5 opinions

1Opinion of the Court

BROCK, Judge.

Defendant assigns as error that the trial judge permitted, over objection, the following question by the Solicitor and answer by the State’s witness:

“Q. Let me ask you if you have not had some threatening phone calls?
“A. Yes, sir.”

Defendant’s motion to strike was also denied.

There were no further questions or testimony about threats, and the above question and answer were not clarified in any way. Presumably the Solicitor intended to create the impression that defendant had called the State’s witness on the telephone and made threats against him if he testified against defendant.…

2Cited by5 opinions

  1. State v. HicksMissouri Court of Appeals · 1976
  2. State v. HicksSupreme Court of North Carolina · 1993
  3. State v. SmithCourt of Appeals of North Carolina · 2019
  4. State v. CanadyCourt of Appeals of North Carolina · 1990
  5. State v. CanadyCourt of Appeals of North Carolina · 1990

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