Legal Opinion

Kennedy v. Tarlton

Court of Appeals of North Carolina

Decided September 15, 1971No. 7119DC578PublishedCited by 2 opinions

1Opinion of the Court

HEDRICK, Judge.

By his first assignment of error, defendant contends the court committed prejudicial error in not sustaining his objection to plaintiff’s counsel’s reading portions of the amended pleadings in his argument to the jury.

In jury trials the whole case as well of law as of fact may be argued to the jury. G.S. 84-14; Brown v. Vestal, 231 N.C. 56, 55 S.E. 2d 797 (1949).

The trial judge has large discretion in controlling and directing the argument of counsel, but this does not include the right to deprive a litigant of the benefit of counsel’s argument when it is confined to the proper…

2Cases cited3 opinions

  1. Brown v. VestalSupreme Court of North Carolina · 1949
  2. Puett v. RailroadSupreme Court of North Carolina · 1906
  3. Jackson ex rel. Downing v. JonesCourt of Appeals of North Carolina · 1968

3Cited by2 opinions

  1. Gillespie v. DraughnCourt of Appeals of North Carolina · 1981
  2. Crutcher v. NoelCourt of Appeals of North Carolina · 1973

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