State v. Sykes

• Decision Date: 30 June 1878
• Citation: 79 N.C. 618
• Court: North Carolina Supreme Court
• Parties: STATE v. P. SYKES.

79 N.C. 618

STATE

v.P. SYKES.

Supreme Court of North Carolina.

June Term, 1878.

INDICTMENT for Larceny tried at February Term, 1878, of NEW HANOVER Criminal Court, before Meares, J.

That part of the case upon which the decision in this Court is based is as follows: “While the Solicitor was submitting his argument to the jury, he was interrupted by defendant's counsel who asserted that he ‘was mis-stating the testimony’ of a witness, and the defendant's counsel then stated what he understood to be the testimony of the witness. The Court thereupon remarked that neither of the counsel had stated the testimony correctly, and the defendant's counsel immediately replied in a positive manner ‘that that was a question for the jury.’ The Court then remarked that it was true ‘that it was a question for the jury to decide, but that the Court intended to state the testimony of the witness to the jury in such a way, that in the opinion of the Court, it would be moral perjury in a juror to accept the statement of defendant's counsel as the correct one.’ ” The defendant excepted. In instructing the jury upon that part of the evidence about which the above colloquy arose, His Honor said, “that counsel had their feelings enlisted in a cause, and were much interested in the result and were frequently subjected to interruptions while a witness was making his statements on the stand. They sometimes misunderstood a witness, and sometimes their memories were at fault, and that he had to discharge the duty of recapitulating the testimony of witnesses with accuracy, and in order to do so, was compelled to give strict attention to the statement of every witness; that he had no interest in the result of the trial, and while the Court in its opinion had as good a memory and could recollect the testimony of witnesses as well as any other person in the court room, yet out of abundant caution, he was in the habit of taking notes and not unfrequently writing out testimony in full, so as to enable him to state it with perfect accuracy; at the same time it was true as the defendant's counsel had asserted ‘that the jury were to judge as to what was the testimony of a witness.’ ” He then proceeded to state the testimony of the witness, and submitted the case to the jury who found the defendant guilty. Judgment. Appeal by defendant. (See Davis v. Hill, 75 N. C. 228--opinion.)

Attorney General, for the State .

No counsel for the defendant.

READE, J.

In all criminal prosecutions every man has the right * * * to have counsel for his defence. Const. Art. I. § 11.

Every person accused of any crime whatever shall be entitled to counsel in all matters which may be necessary for his defence. Bat. Rev. ch. 33, § 59. And in jury trials they (counsel) may argue to the jury the whole case as well of law as of fact. Rev. Code, ch. 31, § 15. This applies to civil as well as criminal causes.

These constitutional and statutory provisions give to parties and to counsel useful rights and ample powers which may not be denied or abridged. It is easy to see that they may be abused by counsel, in which case they may be controlled or punished by the Court, but while within bounds they must be protected.

When counsel is arguing the facts to the jury he must be...