# State v. Gardner

> Supreme Court of North Carolina · May 6, 1986 · 316 N.C. 605

URL: https://www.frixlaw.com/law-library/cases/9616910

## Case

- **Full name:** State of North Carolina v. John Edward Gardner
- **Court:** Supreme Court of North Carolina
- **Decided:** May 6, 1986
- **Citations:** 316 N.C. 605; 342 S.E.2d 872; 1986 N.C. LEXIS 2145
- **Precedential status:** Published
- **Opinion:** Concurrence by Exum
- **Judges:** Branch, Exum
- **Cited by:** 31 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9616910

## Opinion text

Justice EXUM
concurring.
For all the reasons given in the majority opinion taken together, the trial court did not abuse its discretion when it precluded defense counsel from reading the passage from State v. Smith, 65 N.C. App. 684, 686-87 , 309 S.E. 2d 695, 696-97 (1983), rev’d, 311 N.C. 287 , 316 S.E. 2d 73 (1985). I would not hold (and it is not clear to me that the majority does hold) that any one of the reasons given, standing alone, would have been enough to sustain the action of the trial court. On this basis I concur in the result reached by the majority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9616910. Public record. Not legal advice.