dissenting.
I concur in the majority’s resolution of every issue except the “jury argument” issue. It is one thing to argue that a witness should not be believed; it is quite another thing to call a witness a liar; and it is yet another thing to tell the jury that a witness has been previously convicted of lying to a jury. Because of the qualitative difference between arguing credibility and placing before the jury, by argument, incompetent and prejudicial matters not supported by the evidence, I respectfully dissent.
I dissent in the face of an incomplete, but not inadequate, record —neither the argument of counsel nor the attempted curative instructions were recorded; the record on appeal simply reflects the following:
During plaintiffs counsel’s closing argument to the jury, a motion was made for the defendant Arnold Garner by and through his attorney to strike plaintiffs counsel’s statement that the defendant Garner had been previously convicted of lying to a jury. The motion to strike was allowed and the judge instructed the jury the argument was improper and to disregard it. A motion for mistrial was made based on the said statement of plaintiffs counsel. Motion denied.
Consequently, I do not know the extent to which the trial judge sought to correct the transgression. I do know, however, that “in a clear case, an appellate court will reverse a judgment because of improper conduct and prejudicial statements of counsel, even though the trial court has sustained objections thereto, rebuked counsel, and directed the jury to disregard such statements.” 75 Am. Jur. 2d Trial § 317 at 389 (1974). See Belfield v. Coop. 8 Ill. 2d 293, 134 N.E. 2d 249 (1956). See also State v. Britt, 288 N.C. 699, 220 S.E. 2d 283 (1975). I believe this to be one of those “clear” cases.
Although G.S. 84-14 permits counsel to argue the “whole case as well of law as of fact ... to the jury,” closing “argument is not without its limitations . . . .” 288 N.C. at 712, 220 S.E. 2d at 291. The right to argue is not a license to indulge in vilification or to inject into the trial counsel’s beliefs and personal opinions which are not supported by the evidence. Our courts “have spelled out in meticulous detail what is permitted and what is prohibited by way of . . . argument in the trial of cases.” (Citations omitted.) *67State v. Locklear, 294 N.C. 210, 216, 241 S.E. 2d 2d 65, 69 (1977). It is improper for an attorney to express his personal opinion concerning the veracity of a witness; “[h]e can argue to the jury that they should not believe a witness, but he should not call him a liar.” State v. Miller, 271 N.C. 646, 659, 157 S.E. 2d 335, 345 (1967). State v. Phillips, 240 N.C. 516, 82 S.E. 2d 762 (1954); State v. Dockery, 238 N.C. 222, 77 S.E. 2d 664 (1953). See also Disciplinary Rule 7-106 (C), North Carolina State Bar Code of Professional Responsibility.
This is not a case in which counsel argued that the jury should not believe a witness (compare State v. Noell, 284 N.C. 670, 202 S.E. 2d 750 (1974) in which the Supreme Court upheld such an argument), nor is this a case in which counsel suggested that a witness previously gave false testimony. In this case, counsel asserted not only that the defendant lied before, but also that he lied to a jury, and further, that he had been convicted of lying to a jury. It is hard to imagine a more damaging and damning statement. It is folly to believe that all twelve jurors were able completely and totally to erase the incompetent and prejudicial statement from their minds.
The remarks of counsel were grossly unfair and well-calculated to mislead and prejudice the jury. In State v. Britt, it was said that counsel “should refrain from characterizations of defendant which are calculated to prejudice him in the eyes of the jury when there is no evidence from which such characterizations may legitimately be inferred. See State v. Christopher, 258 N.C. 249, 128 S.E. 2d 677 (1962); State v. Wyatt, [254 N.C. 220, 118 S.E. 2d 420 (1961)]; State v. Bowen, 230 N.C. 710, 55 S.E. 2d 466 (1949).” 288 N.C. at 712, 220 S.E. 2d at 291. There was no evidence in the record on appeal suggesting that defendant had been convicted of lying to a jury. The record shows that defendant had been convicted of insurance fraud in 1975 but was, within a few months following his conviction, granted a full and complete pardon by the Governor based on further investigation and information.
In State v. Britt, the prosecutor argued that the defendant had been on death row as a result of his prior conviction of first degree murder in the case then being tried. The court’s reasoning and holding bear repeating:
*68The trial judge attempted to correct this transgression by sustaining defendant’s objection and twice instructing the jury to disregard defendant’s prior conviction and return a verdict based solely upon the evidence presented in the present trial. Ordinarily, counsel’s improper conduct may be cured by such action by the trial court, see State v. Sparrow, 276 N.C. 499, 173 S.E. 2d 897 (1970); State v. Correll 229 N.C. 640, 50 S.E. 2d 717 (1948), since the presumption is that jurors will understand and comply with the instructions of the court. State v. Self, 280 N.C. 665, 187 S.E. 2d 93 (1972); State v. Long, 280 N.C. 633, 187 S.E. 2d 47 (1972). We have recognized, however, that some transgressions are so gross and their effect so highly prejudicial that no curative instruction will suffice to remove the adverse impression from the minds of the jurors. See State v. White, 286 N.C. 395, 211 S.E. 2d 445 (1975); State v. Hines, 286 N.C. 377, 211 S.E. 2d 201 (1975); State v. Roach, 248 N.C. 63, 102 S.E. 2d 413 (1958); State v. Smith, 240 N.C. 631, 83 S.E. 2d 656 (1954); State v. Dockery, supra, State v. Eagle, 233 N.C. 218, 63 S.E. 2d 170 (1951); State v. Hawley, 229 N.C. 167, 48 S.E. 2d 35 (1948); State v. Little, supra. A fair consideration of the principles established and applied in these cases constrains us to hold that no instruction by the court could have removed from the minds of the jurors the prejudicial effect that flowed from knowledge of the fact that defendant had been on death row as a result of his prior conviction of first degree murder in this very case. The probability that the jury’s burden was unfairly eased by that knowledge is so great that we cannot assume an absence of prejudice. State v. Hines, supra. We hold the challenged questions by the district attorney were highly improper and incurably prejudicial. (Emphasis added.)
288 N.C. at 713, 220 S.E. 2d at 292.
Application of these principles to the present case impels me to conclude that the argument made by plaintiff’s counsel transcends the bounds of propriety and fairness. This court should not sanction the type of argument in this case and should not “open the door for advocates generally to engage in vilification and abuse —a practice which may be all too frequent, but which the law rightfully holds in reproach.” 271 N.C. at 660, 157 S.E. 2d at 346. Rather,
*69“[c]ourts should be very careful to safeguard the rights of litigants and to be as nearly sure as possible that each party shall stand before the jury on equal terms with his adversary, and not be hampered in the prosecution or defense of his cause, by extraneous considerations, which militate against a fair hearing.”
Starr v. Oil Co., 165 N.C. 587, 81 S.E. 776 (1914). Counsel’s argument in this case was highly improper and manifestly and incurably prejudicial. Therefore, I vote for a new trial.