State v. Smith

Arthur Lee Smith, Jr. appeals his conviction for second degree rape. He assigns error to admission of statements the victim made to others on the night of the rape, and also alleges prosecutorial misconduct. We hold: (1) the court properly admitted the victim’s statements under exceptions to the hearsay rule; (2) they were not needlessly cumulative; (3) the State did not comment on Smith’s right to be present at trial; and (4) comment on Smith’s failure to call his spouse as a witness, while improper, did not have a substantial effect on the outcome of the case. Accordingly, we affirm.

I

The…