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STATE v. STARNES

No. 120A83.

304 S.E.2d 226 (1983)

STATE of North Carolina v. Jerry Byron STARNES.

Supreme Court of North Carolina.

July 7, 1983.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Thomas G. Meacham, Jr., and Sarah C. Young, Asst. Attys. Gen., Raleigh, for the State.

Fred M. Morelock, Raleigh, for defendant-appellant.

MEYER, Justice.

Only one issue is presented on this appeal—whether, under the particular facts presented, the trial court erred in allowing a State's witness, Dr. Wiegand, to express an opinion in response to a question by the district attorney that the tears he observed in the genital area of the rape victim were probably caused by a penis and in refusing to strike the answer. We hold that under the particular circumstances presented, the trial court did not...

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