State v. Marine

LEWIS, Judge.

Defendant was tried at the 20 January 1998 Session of McDowell County Superior Court for the rape of a twelve-year old girl (“R”) on 2 January 1997. The charge of first degree statutory rape was submitted to the jury, which returned a verdict of guilty on 30 January 1998. Defendant now appeals.

Defendant first argues that R’s family counselor, Sarah Wells, who testified as an expert witness for the State at trial, improperly commented on R’s credibility, in violation of Rules 405(a) and 608(a) of the North Carolina Rules of Evidence. Specifically, defendant contends that the…