State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1231

§15A‑1231.  Jury instructions.

(a)        At the close of theevidence or at an earlier time directed by the judge, any party may tenderwritten instructions. A party tendering instructions must furnish copies to theother parties at the time he tenders them to the judge.

(b)        Before thearguments to the jury, the judge must hold a recorded conference oninstructions out of the presence of the jury. At the conference the judge mustinform the parties of the offenses, lesser included offenses, and affirmativedefenses on which he will charge the jury and must inform them of what, if any,parts of tendered instructions will be given. A party is also entitled to beinformed, upon request, whether the judge intends to include other particularinstructions in his charge to the jury. The failure of the  judge to complyfully with the provisions of this subsection does not  constitute grounds forappeal unless his failure, not corrected prior  to the end of the trial,materially prejudiced the case of the defendant.

(c)        After the argumentsare completed, the judge must instruct the jury in accordance with G.S. 15A‑1232.

(d)        All instructionsgiven and tendered instructions which have been refused become a part of therecord. Failure to object to an erroneous instruction or to the erroneousfailure to give an instruction does not constitute a waiver of the right toappeal on that error in accordance with G.S. 15A‑1446(d)(13). (1977,c. 711, s. 1; 1983, c. 635.)