In all trials in the superior courts there shall be allowed two addresses to the jury for the State or plaintiff and two for the defendant, except in capital felonies, when there shall be no limit as to number. The judges of the superior court are authorized to limit the time of argument of counsel to the jury on the trial of actions, civil and criminal as follows: to not less than one hour on each side in misdemeanors and appeals from justices of the peace; to not less than two hours on each side in all other civil actions and in felonies less than capital; in capital felonies, the time of argument of counsel may not be limited otherwise than by consent, except that the court may limit the number of those who may address the jury to three counsel on each side. Where any greater number of addresses or any extension of time are desired, motion shall be made, and it shall be in the discretion of the judge to allow the same or not, as the interests of justice may require. In jury trials the whole case as well of law as of fact may be argued to the jury. (1903, c. 433; Rev., s. 216; C.S., s. 203; 1927, c. 52; 1995, c. 431, s. 7.)
Notes of Decisions
Cited in
27
cases (
5 in the last 5 years), 1996–2025 · leading case:
State v. Lopez, 681 S.E.2d 271 (N.C. 2009).
State v. Lopez, 681 S.E.2d 271 (N.C. 2009).
· cites it 28× “" N.C.G.S. § 7A-97 (2007). In interpreting this statute, we have held that the penalty prescribed for a criminal offense is part of the law of the case and that "[i]t is, consequently, permissible for a criminal defendant in argument to inform the jury of the statutory…”
State v. Chapman, 611 S.E.2d 794 (N.C. 2005).
· cites it 6× “N.C.G.S. § 7A-97 (2003); State v. Thomas, 350 N.”
State v. Haselden, 577 S.E.2d 594 (N.C. 2003).
· cites it 6× “§ 84-14 authorizes the attorney in jury trials to argue `the whole case as well of law as of fact.”
State v. Anthony, 555 S.E.2d 557 (N.C. 2001).
· cites it 5× “” N.C.G.S. § 7A-97 (1999). In interpreting N.”
State v. Barrow, 517 S.E.2d 374 (N.C. 1999).
· cites it 9× “N.C.G.S. § 7A-97 provides for the trial court’s control of counsel’s arguments to the jury: In all trials in the superior courts there shall be allowed two addresses to the jury for the State or plaintiff and two for the defendant, except in capital felonies, when there shall be…”
State v. Smith, 533 S.E.2d 518 (N.C. Ct. App. 2000).
· cites it 8× “G.S. § 7A-97 states in pertinent part that "[i]n jury trials the whole case as well of law as of fact may be argued to the jury.”
State v. Dalton, 794 S.E.2d 485 (N.C. 2016).
· cites it 6× “Under its logic, though, a defendant can request and receive a Hammonds instruction, but the prosecutor cannot discuss that instruction in his closing statement.”
State v. Thomas, 514 S.E.2d 486 (N.C. 1999).
· cites it 3× “Defendant contends that the trial court’s failure to correct this impropriety entitles him to a new trial.”
State v. Dammons, 583 S.E.2d 606 (N.C. Ct. App. 2003).
· cites it 3× “2d 906, 908-09 (1977) (citing N.C.G.S. § 7A-97 (1999)), aff’d, 294 N.C.”
State v. Peoples, 539 S.E.2d 25 (N.C. Ct. App. 2000).
· cites it 5× “” N.C.G.S. § 7A-97 (1999). G.S. § 7A-97 secures to a defendant the right to have the jury informed of the punishment prescribed for the offenses for which the defendant is being tried.”
State v. Breathette, 690 S.E.2d 1 (N.C. Ct. App. 2010).
· cites it 4× “Under N.C. Gen. Stat. § 7A-97 (2009), “[cjounsel is given wide latitude to argue the facts and all reasonable inferences which may be drawn therefrom, together with the relevant law, in presenting the case to the jury.”
State v. Bishop, 472 S.E.2d 842 (N.C. 1996).
· cites it 3× “N.C.G.S. § 7A-97 (formerly N.C.G.S. § 84-14) grants counsel the right to argue the law to the jury, which includes the authority to read and comment on reported cases and statutes that are relevant and refer to authoritative rules of law.”
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