State v. Cornelius

Decided October 13, 1965

Supreme Court of North Carolina · decided 1965-10-13

Key passage — most relied on by later courts

““Slight inadvertencies in recapitulating the evidence or stating contentions must be called to the attention of the court in time for correction. Objection after verdict comes too late.””

quoted by 1 later decision, including 5 N.C. App. 591 - State v. Breedin

Relies on State v. Case · State v. Adams · State v. Holder

Good law ✅— No negative treatment on recordhow we know

Decided 1965-10-13

How this case has been cited

Cited by 26 later decisions — most recently June 1981 · most notably State v. Goines (1968), State v. Davis (1976)

26 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1 The appellant has only one assignment of error and it purports to be based on a portion of the charge to which no exception was taken as required by the Rules of this Court. Even so, the portion of the charge complained of is set out under the assignment of error and consists in its entirety of a contention of the State.

¶2 We have repeatedly held that an inadvertence in stating contentions or in recapitulating the evidence must be called to the attention of the court in time for correction. After verdict, the objection comes too late. S. v. Case, 253 N.C. 130, 116 S.E. 2d 429; S. v. Holder, 252 N.C. 121, 113 S.E. 2d 15; S. v. Adams, 245 N.C. 344, 95 S.E. 2d 902.

¶3 There is no contention that the State’s evidence was not sufficient to support the verdict.

¶4 In our opinion, the defendant has had a fair trial, free from any prejudicial error, and the verdict and judgment entered below will not be disturbed.

¶5 No error.