State v. Mullican

In State v. Mullican, 329 N.C. 683, 685, 406 S.E.2d 854, 854 (1991), our Supreme Court held that there was sufficient evidence to support the finding of aggravating factors because the defendant stipulated that the prosecuting attorney could state the evidence. Id. The Supreme Court stated: When the prosecuting attorney said he would summarize the State's evidence with the permission of the defendant, this was an invitation to the defendant to object if he had not consented. He did not do so. The defendant then said he too would like to present his evidence with the consent of the State. We can infer from this that the defendant had consented to the prosecuting attorney's making the statement. The defendant's attorney then made a statement which was consistent with the statement of the prosecuting attorney . . . ." Id.