State v. Maynard

WHICHARD, Judge.

I

Defendant contends he is entitled to a new trial because the court failed to inform the jury of the “grant of immunity” to the witness Scott and to “instruct the jury as in the case of interested witnesses,” as required by G.S. 15A-1052(c). We find no prejudicial error warranting a new trial.

Article 61 of Chapter 15A (G.S. 15A-1051 et seq.), entitled “Granting of Immunity to Witnesses,” was modelled after the Federal Immunity of Witnesses Act, 18 U.S.C. §§ 6001 to 6005. See G.S. 15A, Article 61 official commentary. The federal statute deals only with judicial orders of…