Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Shelton, ___ N.C. App. ___, 824 S.E.2d 136 (Feb. 5, 2019)
In this felony death by vehicle case the prosecutor did not improperly appeal to the jury’s passion and prejudice requiring the trial court to intervene ex mero motu. The prosecutor asserted that the jury “can send a message” with its verdict and told the jury that it was “the moral voice and conscience of this community.” Neither of these arguments are improper.