Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. McLean, ___ N.C. App. ___, 796 S.E.2d 804 (Feb. 7, 2017)
In this case involving armed robbery and other charges, the trial court erred by allowing an officer to testify that when the victim provided a statement he “seemed truthful.” The error however did not rise to the level of plain error. At trial, the prosecutor asked the officer to describe the victim’s demeanor. The officer responded that he was agitated and seemed to be in pain but that “he was—to me, he seemed truthful.” This constituted improper vouching for the witness.