State v. Williams

LAKE, Justice.

The defendant assigns as error a portion of the court’s final instruction to the jury, asserting that therein the court expressed an opinion as to the facts of the case in violation of G.S. 1-180. Earlier in the charge, the court stated correctly the elements of the crime of assault with intent to commit rape and those of the lesser included offense, assault on a female, and reviewed the evidence. In the portion in question, the court restated, correctly, what the jury must find from the evidence, beyond a reasonable doubt, in order to convict the defendant of the respective…