Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Corbett, ___ N.C. App. ___, 824 S.E.2d 875 (Feb. 19, 2019)
The evidence was sufficient to support a conviction for sexual offense of a 13, 14 or 15-year-old. On appeal the defendant argued that the evidence was insufficient as to penetration. At trial the prosecutor asked the victim “How far would you say he was able to get with -- did he actually go between your labia? Do you understand my question?” The victim answered, “Yes.” The prosecutor asked again, “Was he able to do that?” The victim responded again, “Yes.” Viewing the victim’s testimony in the light most favorable to the State, reasonable jurors could have concluded that the State presented sufficient evidence that the defendant penetrated the victim’s labia.