State v. Johnson
State v. Johnson
Opinion of the Court
The sole question presented by this appeal is whether the trial judge erred in stating defendant’s contentions.
Defendant points to that portion of the charge which, in substance, stated that defendant contended that there was not sufficient evidence of penetration to establish rape, and that there was not sufficient evidence of force or threat of force to
Defendant failed to bring this objection to the court’s attention in apt time to afford the trial judge opportunity for correction.
Ordinarily, a misstatement of contentions of the trial judge must be brought to the trial judge’s attention so as to allow opportunity for correction. State v. Lee, 277 N.C. 205, 176 S.E. 2d 765; State v. Virgil, 276 N.C. 217, 172 S.E. 2d 28; State v. Goines, 273 N.C. 509, 160 S.E. 2d 469. Nevertheless, where the trial judge, in stating contentions, erroneously defines the -intensity of proof or gives contentions for the State not supported by evidence, or fundamentally misconstrues a defendant’s contentions, error results even though there be no objection at the time. State v. Lee, supra; State v. Dooley, 232 N.C. 311, 59 S.E. 2d 808; 3 Strong’s N. C. Index, Criminal Law, §§ 118, 163.
Defendant’s plea of not guilty called into question all the State’s evidence and required the State to prove beyond a reasonable doubt every element of the offense charged. State v. Clayton, 272 N.C. 377, 158 S.E. 2d 557; State v. McLamb, 235 N.C. 251, 69 S.E. 2d 537. By his own testimony he negated penetration and force directed to the commission of rape. Nowhere in this record is it conceded that any one of the elements of rape was present.
The trial judge placed defendant’s contentions in the proper perspective by prefacing them with the following statement: “The defendant contends that he is not guilty. The defendant by his plea of not guilty denies the charge. He denies the suf
A contextual reading of the entire charge discloses it to be full, fair, and free from prejudicial error.
We have carefully examined this entire record and find
No error.
Reference
- Full Case Name
- STATE OF NORTH CAROLINA v. RONALD CLAY JOHNSON
- Status
- Published