State v. Head

ARNOLD, Judge.

In this case defendant appeals from a conviction of second degree rape of a sixteen-year-old girl. He was originally indicted for rape and crime against nature, and in 24 N.C. App. 564 (1975), this Court awarded a new trial. In 28 N.C. App. 592 (1976), no error was found in defendant’s subsequent conviction for the crime against nature.

Defendant argues on this appeal that the trial judge expressed an opinion on the evidence against him because, on three occasions, he prefaced his recapitulation of evidence with the words “the evidence further shows” instead of the customary…