{
  "id": 8547852,
  "name": "STATE OF NORTH CAROLINA v. ROBERT LEE ARTIS",
  "name_abbreviation": "State v. Artis",
  "decision_date": "1970-07-15",
  "docket_number": "No. 706SC354",
  "first_page": "46",
  "last_page": "48",
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      "cite": "9 N.C. App. 46"
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
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    "name_long": "North Carolina",
    "name": "N.C."
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      "category": "reporters:state_regional",
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      "cite": "220 N.C. 113",
      "category": "reporters:state",
      "reporter": "N.C.",
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    {
      "cite": "65 S.E. 2d 323",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1951,
      "opinion_index": 0
    },
    {
      "cite": "233 N.C. 683",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8615889
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      "year": 1951,
      "opinion_index": 0,
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        "/nc/233/0683-01"
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  "last_updated": "2023-07-14T14:50:15.842675+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Mallard, C.J., and Graham, J., concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. ROBERT LEE ARTIS"
    ],
    "opinions": [
      {
        "text": "Morris, J.\nDefendant\u2019s first assignment of error is directed to the failure of the court to allow his motions for nonsuit. In his brief, defendant candidly concedes that the evidence was sufficient to submit the case to the jury. We agree.\nDefendant did not testify at the trial. We quote from the record on appeal:\n\u201cIn his argument to the jury, Attorney Harrington, for the defendant Artis, in his address to the jury, proceeded to argue relative to the defendant not taking the stand, at which time the court interrupted and advised him that neither the defendant\u2019s attorney nor the State had the right to go into the fact or failure of the defendant to take the stand, and that the court would instruct the jury as to this. Attorney Harrington objected and excepted. Exception No. 3.\u201d\nWe are not given the benefit of enlightenment as to what defendant\u2019s counsel said or what the court said. In State v. Bovender, 233 N.C. 683, 65 S.E. 2d 323 (1951), the right of counsel for defendant to argue to the jury the failure of defendant to testify was discussed at length. There defendant\u2019s counsel had stated in his argument that \u201cthe law says no man has to take the witness stand.\u201d The Court noted that\n\u201cWhile the mere statement by defendants\u2019 counsel that the law says no man has to take the witness stand would seem to be unobjectionable, it is obvious that further comment or explanation might have been violative of the rule established by the decisions of this Court. Furthermore, it was the duty of the presiding judge by prompt action to prevent infringement of this rule and to require obedience to his ruling, though he should be careful that nothing be said or done which would be calculated unduly to prejudice the defendants. S. v. Howley, 220 N.C. 113, 16 S.E. 2d 705.\u201d\nIn his charge to the jury the court properly instructed the jury with respect to defendant\u2019s right to elect not to testify and to rely on what he contended to be the weakness of the State\u2019s case and, further, that no unfavorable inference could be drawn from his failure to testify. This assignment of error is overruled.\nDefendant\u2019s third assignment of error is directed to the charge of the court. The portion of the instructions about which defendant complains has to do with the credibility of witnesses. The evidence was that the prosecuting witness had been previously convicted of a criminal offense. The court summarized that evidence and instructed the jury that it was to be considered for the purpose of impeaching the credibility of the witness - as to whether he will tell the truth on the theory that a person who has no prior conviction is more likely to tell the truth than one who has prior convictions, with the further admonition that it is to be considered in the light of the convictions themselves, and the testimony of each witness is to be given such weight and credibility as the jury might think it should be given. Defendant cites no authority for his contention that this portion of the charge suggested an opinion by the court on the credibility of the defendant. We fail to see how defendant could have been prejudiced thereby. This assignment of error is overruled.\nDefendant\u2019s remaining assignments of error are formal and do not require discussion. They are overruled.\nNo error.\nMallard, C.J., and Graham, J., concur.",
        "type": "majority",
        "author": "Morris, J."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by Deputy Attorney General Harrison Lewis and Staff Attorney Carlos W. Murray, Jr., for the State.",
      "A. B. Harrington, Jr., for defendcmt appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. ROBERT LEE ARTIS\nNo. 706SC354\n(Filed 15 July 1970)\n1. Criminal Law \u00a7\u00a7 102, 116\u2014 failure of defendant to testify \u2014 argument by defense counsel \u2014 instructions by court\nIn this prosecution for common law robbery, the trial court properly refused to allow defendant\u2019s attorney to argue to the jury the failure of defendant to testify and properly instructed the jury with respect to defendant\u2019s right to elect not to testify and that no unfavorable inference could be drawn from his failure to testify.\n2. Criminal Law \u00a7\u00a7 114, 117\u2014 instructions \u2014 prior conviction of prosecuting witness \u2014 credibility of defendant\nThe trial court did not express an opinion on the credibility of the defendant by its instruction that evidence that the prosecuting witness had been previously convicted of a criminal offense was to be considered for the purpose of impeaching the credibility of the witness and that the testimony of each witness was to be given such weight and credibility as the jury might think it should be given.\nAppeal by defendant from Cohoon, February 1970 Session of Superior Court of Bertie County.\nDefendant was charged with common law robbery, entered a plea of not guilty, and was found \u201cguilty as charged\u201d by the jury. From judgment entered on the verdict, defendant appealed. He was represented at trial by privately retained counsel. Upon a determination of indigency, defendant was allowed to appeal in forma pauperis and the same counsel was appointed to prosecute his appeal.\nAttorney General Robert Morgan by Deputy Attorney General Harrison Lewis and Staff Attorney Carlos W. Murray, Jr., for the State.\nA. B. Harrington, Jr., for defendcmt appellant."
  },
  "file_name": "0046-01",
  "first_page_order": 70,
  "last_page_order": 72
}