State v. Cornelius, 261
| Decision Date | 13 October 1965 |
| Docket Number | No. 261,261 |
| Citation | 144 S.E.2d 203,265 N.C. 452 |
| Parties | STATE, v. Lonnie CORNELIUS. |
| Court | North Carolina Supreme Court |
Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Ralph Moody, Staff Atty. Andrew A. Vanore, Jr., Raleigh, for the State.
Charles V. Bell, Charlotte, for defendant.
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.
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. State v. Case, 253 N.C. 130, 116 S.E.2d 429; State v. Holder, 252 N.C. 121, 113 S.E.2d 15; State v. Adams, 245 N.C. 344, 95 S.E.2d 902.
There is no contention that the State's evidence was not sufficient to support the verdict.
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.
No error.
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State v. Clayton
...stating a defendant's contentions, ordinarily the error must be called to his attention in time for him to correct it. State v. Cornelius, 265 N.C. 452, 144 S.E.2d 203. Defendant did not repudiate this contention at the time he heard the judge make it for him. He may not do so Finally, we d......
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State v. McAllister
...the matter is not called to the court's attention in apt time to afford opportunity for correction. As stated in State v. Cornelius, 265 N.C. 452, 144 S.E.2d 203 (1965): 'We have repeatedly held that an inadvertence . . . in recapitulating the evidence must be called to the attention of the......
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State v. Davis
...too late. State v. Monk, 291 N.C. 37, 229 S.E.2d 163 (1976); State v. McClain, 282 N.C. 396, 193 S.E.2d 113 (1972); State v. Cornelius, 265 N.C. 452, 144 S.E.2d 203 (1965); State v. Lambe, 232 N.C. 570, 61 S.E.2d 608 (1950). Further, the judge specifically instructed the jury 'to take your ......
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State v. Freeman
...v. McAllister, 287 N.C. 178, 185, 214 S.E.2d 75, 81 (1975); State v. Tart, 280 N.C. 172, 184 S.E.2d 842 (1971); State v. Cornelius, 265 N.C. 452, 144 S.E.2d 203 (1965). Before the inadvertent misstatement occurred the judge had made it quite clear that he was stating contentions. Further, a......