State v. Boyd

In State v. Boyd, 311 N.C. 408, 319 S.E.2d 189 (1984), the prosecutor made the following remarks in closing argument: . . . the reality of this case hit me. We are talking about real people. By your verdict in this matter you are going to be saying to these real people what you think of what you have heard here this week. Your decision is going to tell those people what you think of what you heard here. There are several people you will be answering to. What will you say to the people in this Country about what you have heard? What will you say about all those citizens out there in Surry County about what you have heard here this week? Will you say, "Okay, if it happened down there at Mayberry Mall on a Saturday"? Will you say "Okay"? Id. at 417, 319 S.E.2d at 196. The prosecutor then went on to ask how the jury would respond to the witnesses, the paramedics, the victim, her parents, and her daughter if its verdict was for less than first-degree murder. The Court determined that "following a thorough review of the contested argument, we find that while we do not approve of the prosecutor's remarks, they do not rise to the level of such gross impropriety as to have required ex mero motu action by the trial judge." Id. at 418, 319 S.E.2d at 197.