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92 COURT OF APPEALS P o
State v. Long
he observed the car being driven from the traveled portion of the
highway onto the shoulder, and that when he tapped on the window
defendant and a female companion exchanged places in the front
seat.
2. Criminal Law g 102- jury argument - diagram by solicitor - objec-tion
sustained - absence of instruction to disregard
Where the court sustained defendant's objection to a diagram
drawn on the blackboard by the solicitor during his jury argument,
defendant was not prejudiced by the court's failure to instruct the
jury to disregard any reference to the diagram.
3. Criminal Law 55 86, 119- prior convictions - impeachment - necessity
for limiting instructions
In a prosecution of defendant for driving while his license was
suspended, the trial court did not err in failing to instruct the jury
that evidence of defendant's previous convictions for violations of
motor vehicle laws was not competent as substantive evidence but was
competent only as bearing on his credibility as a witness where de-fendant
made no request for such an instruction until the jury had
begun its deliberations. G.S. 1-181.
APPEAL by defendant from Rouse, Judge, 21 May 1973
Schedule "B" Criminal Session of Superior Court held in NEW
HANOVECRo unty.
Defendant was charged in a warrant with operating a
motor vehicle on a public highway on 16 March 1973 while his
operator's license was revoked. He was convicted in the Dis-trict
Court and appealed. At trial de novo in the Superior Court,
defendant's counsel stipulated that defendant's operator's license
was, as of 16 March 1973, permanently revoked. The State's only
witness was the arresting Highway Patrolman, who testified
in substance as follows: At approximately 11 :55 p.m. on 16
March 1973 he was driving his patrol car on U. S. Highway 421
traveling south toward Carolina Beach. At that point the
highway is a straight, four-lane road, with a median between
the north and southbound lanes. He observed a Rambler auto-mobile
traveling north on the highway. The Rambler decreased
its speed and pulled over to the shoulder of the road. The patrol
car was then right at a crossover, and the patrolman, thinking
the driver of the Rambler possibly was having trouble with his
car, crossed over the median and turned his patrol car in the
same direction that the Rambler was going. The patrolman tes-tified
:
"I was driving approximately 45 or 50 miles an hour,
I slowed down right at the median to get back up to
Object Description
| Title | North Carolina Court of Appeals Reports [v.020, November 28, 1973 - February 20, 1974] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 20, November 28, 1973 - February 20, 1974. Cited as 20 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 34.5 MB; 842 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_020.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 120 |
| Full Text | 92 COURT OF APPEALS P o State v. Long he observed the car being driven from the traveled portion of the highway onto the shoulder, and that when he tapped on the window defendant and a female companion exchanged places in the front seat. 2. Criminal Law g 102- jury argument - diagram by solicitor - objec-tion sustained - absence of instruction to disregard Where the court sustained defendant's objection to a diagram drawn on the blackboard by the solicitor during his jury argument, defendant was not prejudiced by the court's failure to instruct the jury to disregard any reference to the diagram. 3. Criminal Law 55 86, 119- prior convictions - impeachment - necessity for limiting instructions In a prosecution of defendant for driving while his license was suspended, the trial court did not err in failing to instruct the jury that evidence of defendant's previous convictions for violations of motor vehicle laws was not competent as substantive evidence but was competent only as bearing on his credibility as a witness where de-fendant made no request for such an instruction until the jury had begun its deliberations. G.S. 1-181. APPEAL by defendant from Rouse, Judge, 21 May 1973 Schedule "B" Criminal Session of Superior Court held in NEW HANOVECRo unty. Defendant was charged in a warrant with operating a motor vehicle on a public highway on 16 March 1973 while his operator's license was revoked. He was convicted in the Dis-trict Court and appealed. At trial de novo in the Superior Court, defendant's counsel stipulated that defendant's operator's license was, as of 16 March 1973, permanently revoked. The State's only witness was the arresting Highway Patrolman, who testified in substance as follows: At approximately 11 :55 p.m. on 16 March 1973 he was driving his patrol car on U. S. Highway 421 traveling south toward Carolina Beach. At that point the highway is a straight, four-lane road, with a median between the north and southbound lanes. He observed a Rambler auto-mobile traveling north on the highway. The Rambler decreased its speed and pulled over to the shoulder of the road. The patrol car was then right at a crossover, and the patrolman, thinking the driver of the Rambler possibly was having trouble with his car, crossed over the median and turned his patrol car in the same direction that the Rambler was going. The patrolman tes-tified : "I was driving approximately 45 or 50 miles an hour, I slowed down right at the median to get back up to |
