State v. White

WEBB, Judge.

Defendants contend that, in violation of G.S. 1-180, the trial judge impermissibly expressed an opinion on the evidence through his questioning of a witness at trial. During the direct examination of State’s witness Vivian Johnson, the trial judge interrupted and asked this question: “Did you say how much time elapsed from the time you saw ‘Monk’ in the vicinity of the door, with the gun, and when you saw Stanley shoot?” Defendant Stanley White objects to the question on the grounds that it assumes a fact that was for the jury’s determination, that is, whether the defendant…