State v. Smith

Defendant was indicted, tried and convicted by a jury of forcible rape. He appeals from the resulting judgment, asserting three assignments of error. We will consider them seriatim.

The first arises out of a denial of a motion for mistrial made because of a question asked on cross-examination by the prosecutor of the defendant. During the defendant’s case-in-chief he called as a witness a woman with whom he was living at the time of the commission of the crime. She testified she was not married to the defendant, had permitted him to move into her apartment, and that she had borne him two…