State v. Macon

In State v. Macon, 346 N.C. 109, 114, 484 S.E.2d 538, 541 (1997), the Court stated that "although not formally offered and accepted into evidence, evidence is also 'introduced' when a new matter is presented to the jury during cross-examination and that matter is not relevant to any issue in the case." Shuler, 135 N.C. App. at 453, 520 S.E.2d at 588. The Court further stated: New matters raised during the cross-examination, which are relevant, do not constitute the "introduction" of evidence within the meaning of Rule 10. To hold otherwise, would place upon a defendant the intolerable burden of electing to either refrain from the exercise of his constitutional right to cross-examine and thereby suffer adverse testimony to stand in the record unchallenged and un-impeached or forfeit the valuable procedural right to closing argument. Id. at 453, 520 S.E.2d at 588-89.