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STATE v. LEWIS

No. 765SC704.

232 S.E.2d 472 (1977)

32 N.C. App. 471

STATE of North Carolina v. Varren Pap LEWIS.

Court of Appeals of North Carolina.

March 2, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. David S. Crump, Raleigh, for the State.

Jay D. Hockenbury, Wilmington, for defendant.

MARTIN, Judge.

Defendant contends the court violated G.S. 1-180 by expressing an implication that the penetration element of the crime of rape had been proven. Although the statute refers to the formal instructions to the jury, it has always been construed to forbid the judge to convey to the trial jury in any way at any stage of the trial his opinion on the facts involved in the case. State v. Canipe,

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