Luker v. State

MERRILL, Justice.

Petitioner was convicted of rape and sentenced to fifteen years in the penitentiary. The Court of Appeals affirmed and a writ of certiorari is sought here.

We think the trial court erred in his statement, made while the court was questioning the prosecutrix, when he said he was “examining the witness in order to try to get over to the jury, if I can, just exactly what happened * * *, ” because this remark imported verity to the testimony of the witness on an issue that was in conflict and thus invaded the prov*347ince of the jury. The court’s statement should have included an…