Smith's Criminal Case Compendium

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State v. English, 194 N.C. App. 314 (Dec. 16, 2008)

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Criminal Procedure > Jury Argument > Right to Final Argument

The trial judge erred in denying the defendant final jury argument. The defendant did not introduce evidence under Rule 10 of the General Rules of Practice when cross-examining an officer. Defense counsel referred to the contents of the officer’s report when cross-examining the officer. However, the officer’s testimony on cross-examination did not present “new matter” to the jury when considered with the state’s direct examination of the officer.