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251 N.C. 93

State v. Davis

Supreme Court of North Carolina

Decided October 21, 1959

Supreme Court of North Carolina · decided 1959-10-21

Relies on State v. Creech · State v. . Creech · State v. Stevens

Decided 1959-10-21

PER Ctjeiam.

¶1The sole assignment of error relates to the interrogation of a defense witness by the court. Defendant contends that it amounted to an “expression of ... opinion on the weight and credibility *94of the testimony” of the witness. G.S. 1-180. A careful consideration of the challenged questions and the responses thereto leads to the definite conclusion that questions asked by the court were merely of a clarifying nature. State v. Stevens, 244 N.C. 40, 44, 92 S.E. 2d 409. To be entitled to a new trial defendant must show prejudice. State v. Creech, 229 N.C. 662, 672, 51 S.E. 2d 348. No prejudicial error has been shown.

¶2No error.

Higgins, J., not sitting.
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