Public-domain · open source
OpenJurist

243 N.C. 688

91 S.E.2d 924

State v. Taylor

Supreme Court of North Carolina

Decided March 21, 1956

Supreme Court of North Carolina · decided 1956-03-21

Cited by 5 later decisions — most recently March 1977

5 state decisions

Relies on State v. Smith

Good law ✅— No negative treatment on recordhow we know

Decided 1956-03-21

View the full empirical analysis of this case →

*690 Per Curiam.

¶1 The questions and comment by the court tended to impeach or discredit the defendant. Counsel may cross-examine. The court cannot. Regardless of how unreasonable or improbable the defendant’s story, the court must maintain the “cold neutrality of an impartial judge.” Though not intended, the trial court’s questions may well have influenced the jury against the defendant. The danger is too great to permit the verdict to stand. The record discloses other assignments of error not without merit.

¶2 On the authority of S. v. Smith, 240 N.C. 99, 81 S.E. 2d 263, and cases there cited, a new trial is ordered.

¶3 New trial.

/243/nc/688 · .json · Public domain