Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Mills, 205 N.C. App. 577 (Jul. 20, 2010)
The trial court did not abuse its discretion by denying the defendant’s mistrial motion based on the prosecutor’s closing statement. During closing arguments in this murder case, defense counsel stated that “a murder occurred” at the scene in question. In his own closing, the prosecutor stated that he agreed with this statement by defense counsel. Although finding no abuse of discretion, the court “remind[ed] the prosecutor that the State’s interest in a criminal prosecution is not that it shall win a case, but that justice shall be done.”