State v. . Godwin

The validity of the trial, and not the guilt or innocence of the accused, is the question presently to be considered.

The peremptory character of the court’s instructions, certainly those in the first two cases, would seem to be in excess of approved practice, where, as here, there is no admission or presumption calling for explana tion or reply on the part of the defendant. S. v. Estes, 185 N. C., 752, 117 S. E., 581; S. v. Singleton, 183 N. C., 738, 110 S. E., 846; S. v. Hill, 141 N. C., 769, 53 S. E., 311. It is only in rare instances that a verdict may be directed for the State in a…