State v. Blackstock

BRANCH, Chief Justice.

By his first assignment of error defendant contends that the trial judge committed prejudicial error in questioning the prosecuting witness by intimating an opinion as to the controverted fact of the assailant’s identity. Ms. Simmons, the prosecuting witness, was testifying concerning a photograph showing injuries to her neck and face when the following exchange occurred:

THE COURT: Were those marks on your neck prior to the Defendant placing his hand around your throat?

THE WITNESS: No, they were not.

It is well established by our case law and statutory enactments that it…