State v. Lewis

MARTIN, Judge.

Defendant contends the court violated G.S. 1-180 by expressing an implication that the penetration element of the crime of rape had been proven. Although the statute refers to the formal instructions to the jury, it has always been construed to forbid the judge to convey to the trial jury in any way at any stage of the trial his opinion on the facts involved in the case. State v. Canipe, 240 N.C. 60, 81 S.E. 2d 173 (1954).

On direct examination of Flossie Williams Jones, she testified as follows:

“Q. About an inch or so, you say?

Objection: She didn’t say an inches or anything like…