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STATE v. BLACKSTOCK

No. 638A84.

333 S.E.2d 245 (1985)

314 N.C. 232

STATE of North Carolina v. Roger BLACKSTOCK.

Supreme Court of North Carolina.

August 13, 1985.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Walter M. Smith, Asst. Atty. Gen., Raleigh, for the State.

Adam Stein, Appellate Defender by David W. Dorey, Asst. Appellate Defender, Raleigh, for defendant-appellant.

BRANCH, Chief Justice.

By his first assignment of error defendant contends that the trial judge committed prejudicial error in questioning the prosecuting witness by intimating an opinion as to the controverted fact of the assailant's identity. Ms. Simmons, the prosecuting witness, was testifying concerning a photograph showing injuries to her neck and face when the following exchange occurred:

THE COURT: Were those marks on your neck prior to the Defendant...

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