State v. Pagano

LAKE, Justice.

The defendant assigns as error that, in its review of the evidence in the charge to the jury, the trial court said the defendant’s mother testified “that she didn’t think he knew the difference between right and wrong, although she said he did know it was wrong to rape a woman.” The record shows that this witness was asked, “Are you saying he didn’t know it was wrong to rape?” The answer of the witness was: “No, I am not saying that. He has been told over the years that it was wrong to do these things and he would ask me why.”

There is no indication in the record that this…