State v. Ashford

Decision Date02 December 1980
Docket NumberNo. 75,75
Citation272 S.E.2d 126,301 N.C. 512
CourtNorth Carolina Supreme Court
PartiesSTATE of North Carolina v. Rayford ASHFORD, Jr.

Rufus L. Edmisten, Atty. Gen. by Myron C. Banks, Sp. Deputy Atty. Gen., Raleigh, for the State.

Bobby H. Griffin, Monroe, for defendant-appellant.

BRANCH, Chief Justice.

Defendant first assigns as error the failure of the trial court to dismiss the charge of rape on the ground that the State never presented evidence of penetration. Defendant contends that the prosecuting witness never testified that he penetrated her, and that there was no other evidence of penetration, such as the presence of semen.

The State points out that Ms. Isom testified that defendant had "intercourse" and "sex" with her and that these terms are sufficient as shorthand statements of fact on the issue of penetration. We agree. As this Court stated in State v. Bowman, 232 N.C. 374, 376, 61 S.E.2d 107, 108 (1950),

The law did not require the complaining witness to use any particular form of words in stating that the defendant had carnal knowledge of her. State v. Hodges, 61 N.C. 231. Her testimony that the defendant had "intercourse" with her and "raped" her under the circumstances delineated by her was sufficient to warrant the jury in finding that there was penetration of her private parts by the phallus of the defendant.

The prosecutrix's testimony here that defendant had "sex" and "intercourse" with her likewise was sufficient to support a finding by the jury that there was penetration. This assignment is overruled.

Defendant's second and final assignment of error relates to the trial court's recapitulation of the evidence. He contends that the judge stated material facts which were not in evidence, in violation of the rule of G.S. 15A-1232 that the judge "must not express an opinion whether a fact has been proved." The challenged portion of the charge reads as follows:

... that all 4 of the individuals engaged in intercourse with her after one had undressed her and a gun was held to her neck; that she was thereafter taken by Rayford Ashford, Jr., to a place to pick up her child who was at a baby sitter's after they located her child. (Emphasis added.)

Defendant argues that the underlined portion was a misstatement of the evidence since Ms. Isom testified as follows:

(W)e went on to my girlfriend's house and got my little girl, and one of them came in the house with me to make sure I came out.... It was not Ashford.

Defendant concedes the general rule that misstatements in...

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13 cases
  • State v. Elliott, No. COA07-626 (N.C. App. 9/2/2008)
    • United States
    • North Carolina Court of Appeals
    • September 2, 2008
    ...sufficient evidence of penetration, and the trial court properly denied the motion to dismiss. See also State v. Ashford, 301 N.C. 512, 513-14, 272 S.E.2d 126, 127 (1980) (holding prosecuting witness' statements that defendant "had `intercourse' and `sex' with her" were "sufficient as short......
  • State Of North Carolina v. Stewart
    • United States
    • North Carolina Court of Appeals
    • August 3, 2010
    ...of anal intercourse because there was insufficient evidence that penetration occurred. This argument is meritless. In State v. Ashford, 301 N.C. 512, 272 S.E.2d 126 (1980), our Supreme Court held that a victim's testimony that the defendant had "'intercourse'" and "'sex'" with her was suffi......
  • State v. Artis
    • United States
    • Connecticut Supreme Court
    • February 11, 1986
    ...and 'intercourse' with her likewise was sufficient to support a finding by the jury that there was penetration." State v. Ashford, 301 N.C. 512, 514, 272 S.E.2d 126 (1980). See also People v. Van Allen, 275 App.Div. 181, 188, 89 N.Y.S.2d 594 We need not assume that the jury was either so na......
  • Frazier v. Mobley
    • United States
    • U.S. District Court — Eastern District of North Carolina
    • August 17, 2015
    ...the female sex organ by the male sex organ"). This argument is controlled by our Supreme Court's decision in State v. Ashford, See 301 N.C. 512, 513-14, 272 S.E.2d 126, 127 (1980) ("The State points out that Ms. Isom testified that defendant had 'intercourse' and 'sex' with her and that the......
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