The question is, whether his Honor had the power to stop the Solicitor for the State, when he was, in the opinion of his Honor, abusing his privilege in his comments on a witness and his testimony.
It is a power which is usually exercised sparingly, but nevertheless, it is a power which the Court possesses; and which ought to be promptly and firmly exercised, where the abuse is gross, as was the Case here. It is especially proper to exercise the power in a criminal case, when the State is prosecuting one of its citizens, and should not allow the jury to be improperly prejudiced against him.
The question has been before this Court in the case of Devries v. Haywood, 63 N. C. 53, and in Jenkins v. N. C. Ore Company, at this Term.
There is error.
Pee Curiam. Venire de novo.