State v. Carter

The opinion of the court was delivered by

Price, J.:

In this case the defendant has appealed from his conviction of the offense of forcible rape — the victim being his thirteen-year-old daughter.

Defendant was charged in the district court of Montgomery county in two counts. Count one charged the offense of forcible rape (G. S. 1949, 21-424). Count two charged the offense of incest (G. S. 1949, 21-906).

Defendant being without counsel, the trial court, pursuant to the provisions of G. S. 1961 Supp. 62-1304, appointed a local practicing attorney to represent him.

Subsequently, upon motion of the…