State v. Sneeden

Defendant assigns as error the refusal of the court to strike the statement by the prosecuting witness Mary Jo Welch that after she felt something hit her on the head she didn’t remember what happened until “I guess I came to and he was in the act of raping me.” Defendant argues that the statement is a conclusion of the witness which invaded the province of the jury and should have been excluded.

Carnal knowledge of a female forcibly and against her will is rape. State v. Crawford, 260 N.C. 548, 133 S.E. 2d 232. The slightest penetration of the sexual organ of the female by the sexual organ of…