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State v. Thompson

Supreme Court of North Carolina
Nov 1, 1982
296 S.E.2d 297 (N.C. 1982)

Opinion

No. 329A82

Filed 3 November 1982

APPEAL of right pursuant to G.S. 7A-30 (2) from a decision of a divided panel of the Court of Appeals, 57 N.C. App. 142, 291 S.E.2d 266 (1982), awarding the defendant a new trial.

Rufus L. Edmisten, Attorney General, by William R. Shenton and Robert L. Hillman, Assistant Attorneys General, for the State.

Adam Stein, Appellate Defender, by Ann B. Petersen, Assistant Appellate Defender, for defendant-appellee.


The majority of the panel of the Court of Appeals which decided this case correctly concluded that the trial court expressed an opinion on the evidence and thereby violated G.S. 15A-1232. Consequently, the majority opinion of the Court of Appeals awarding the defendant a new trial must be affirmed. It is unnecessary for this Court to consider the other matters discussed in the majority opinion in the Court of Appeals, as they are not likely to arise again during a retrial of this case.

Affirmed.


Summaries of

State v. Thompson

Supreme Court of North Carolina
Nov 1, 1982
296 S.E.2d 297 (N.C. 1982)
Case details for

State v. Thompson

Case Details

Full title:STATE OF NORTH CAROLINA v. JOSEPH EMANUEL THOMPSON

Court:Supreme Court of North Carolina

Date published: Nov 1, 1982

Citations

296 S.E.2d 297 (N.C. 1982)
296 S.E.2d 297