State v. McLellan

In State v. McLellan, 56 N.C. App. 101, 104, 286 S.E.2d 873, 876 (1982) the trial court incorrectly summarized the State's evidence to the jury. "The defendant argued that the misstatement was prejudicial because it improperly added credibility." Id. The Court found no error in the misstatement noting that, defendant highlights an isolated portion of the court's jury instructions. The charge, however, must be construed contextually. State v. Gaines, 283 N.C. 33, 43, 194 S.E.2d 839, 846 (1973). . . . We will not hold one portion prejudicial when the charge as a whole is correct. Id. at 104-05, 286 S.E.2d at 876.