(DOWNLOAD) "North Carolina v. Houston" by Court of Appeals of North Carolina No. 7322SC565 ~ eBook PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Houston
- Author : Court of Appeals of North Carolina No. 7322SC565
- Release Date : January 10, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Rule 11 of the General Rules of Practice for the Superior and District Courts states that ""[w]hen several counsel are employed by the same party the examination or cross-examination of each witness for such party shall be conducted by one counsel, but the counsel may change with each successive witness or, with leave of the court in a prolonged examination."" This rule clearly leaves it to the discretion of the trial court to permit a change of counsel if a lengthy examination is imminent. Assuming the circumstances of the present case did not bring it within the purview of the rule, appellant has failed to show that he was prejudiced by the court's overruling his objection. It has been stated by this Court that [m]ere technical error will not entitle defendant to a new trial; it is necessary that error be material and prejudicial and amount to a denial of some substantial right. Whether technical error is prejudicial is to be determined upon the basis of whether there is a reasonable possibility that, had the error in question not been committed, a different result would have been reached at the trial out of which the appeal arises."" State v. Garnett, 4 N.C. App. 367, 373, 167 S.E.2d 63 (1969), quoting 3 Strong, N.C. Index 2d, Criminal Law, § 167.