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STATE v. PAGANO

No. 34.

242 S.E.2d 825 (1978)

STATE of North Carolina v. James William PAGANO.

Supreme Court of North Carolina.

April 17, 1978.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by David S. Crump, Special Deputy Atty. Gen., and Tiare Smiley Farris, Associate Atty., Raleigh, for the State.

William C. Hussman, Jr., Wilmington, for defendant.

LAKE, Justice.

The defendant assigns as error that in its review of the evidence in the charge to the jury, the trial court said the defendant's mother testified "that she didn't think he knew the difference between right and wrong, although she said he did know it was wrong to rape a woman." The record shows that this witness was asked, "Are you saying he didn't know it was wrong to rape?" The answer of the witness was: "No, I am not saying that. He has been told...

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