It is within the discretion of the trial court whether counsel shall be permitted to ask leading questions. The exercise of such discretion, in the absence of an abuse thereof, will not be reversed on appeal. State v. Hairston, 280 N.C. 220, 185 S.E.2d 633 (1972); State v. Beatty, 226 N.C. 766, 40 S.E.2d 357 (1946). A ruling committed to a trial courts discretion will be upset only upon a showing that it could not have been the result of a reasoned decision.
Rulings by the trial judge on the use of leading questions are discretionary and reversible only for abuse of discretion. State v. Noell, 284 N.C. 670, 202 S.E.2d 750 (1974); State v. Staten, 271 N.C. 600, 157 S.E.2d 225 (1967); State v. Painter, 265 N.C. 277, 144 S.E.2d 6 (1965); State v. Cranfield, 238 N.C. 110, 76 S.E.2d 353 (1953); State v. Beatty, 226 N.C. 765, 40 S.E.2d 357 (1946); 1 Stansbury's North Carolina Evidence 31 (Brandis rev. 1973). Defendant concedes this to be the general rule but contends the court abused its discretion to his prejudice in permitting the questions challenged by this assignment.
In his initial statement to the police, this witness had not implicated defendant McIntyre in the shooting, and the leading questions were intended to show why he had not done so. The witness was naturally hesitant to testify, explaining that he was afraid of McIntyre because McIntyre had threatened to kill him if he talked. The court has discretionary power to permit leading questions to be asked and when there is no abuse of this discretion it will not be reviewed on appeal. State v. Johnson, 272 N.C. 239, 158 S.E.2d 95 (1967); State v. Painter, 265 N.C. 277, 144 S.E.2d 6 (1965); State v. Pearson, 258 N.C. 188, 128 S.E.2d 251 (1962); State v. Beatty, 226 N.C. 765, 40 S.E.2d 357 (1946); Stansbury, N.C. Evidence 31 (2d Ed. 1963). No abuse of discretion is shown, and this assignment is overruled. [13, 14] Sergeant Burke, a member of the detective division of the Winston-Salem Police Department, testified that he viewed the scene of the crime on the night of the murder and the next day, and that when standing in the place from which the shot allegedly was fired, he could see the spot where Mr. Minor fell. Defendants contend that the admission of this testimony was error.
His ruling will not be reviewed on appeal, absent a showing of abuse of discretion. State v. Pearson, 258 N.C. 188, 128 S.E.2d 251; State v. Beatty, 226 N.C. 765, 40 S.E.2d 357; State v. Harris, 222 N.C. 157, 22 S.E.2d 229. Abuse of discretion is not disclosed. [2, 3] The defendant contends the trial judge, by his manner and angry tone of voice in ruling on defendant's objections to leading questions, prejudiced the defendant's case before the jury.
Hence, because of the delicate nature of the subject of inquiry, many courts have recognized and held that rape and carnal abuse cases, and other cases involving inquiry into delicate subjects of a sexual nature, constitute an exception to the general rule against leading questions, and that in such cases the permitting of leading questions of the prosecutrix, particularly if she is of tender years, is a matter within the sound discretion of the trial judge. S. v. Beatty, 226 N.C. 765, 40 S.E.2d 357; Antelope v. United States, 10th Cir., 185 F.2d 174; Buckley v. State, 19 Ala. App. 508, 98 So. 362; Parker v. State, 26 Ala. App. 61, 152 So. 610; State v. Upton, 65 Ariz. 93, 174 P.2d 622; Reynolds v. State, 220 Ark. 188, 246 S.W.2d 724; People v. Jackson, 124 Cal.App.2d 787, 269 P.2d 17; Wills v. People, 100 Colo. 127, 66 P.2d 329 (statutory rape — prosecutrix 17 years of age); Warren v. People, 121 Colo. 118, 213 P.2d 381; State v. Miller, 71 Kan. 200, 80 P. 51; Meredith v. Commonwealth, 265 Ky. 380, 96 S.W.2d 1049; Summerville v. State, 207 Miss. 54, 41 So.2d 377 (statutory rape — prosecutrix 16 years of age); State v. Coleman, 360 Mo. 782, 230 S.W.2d 761; State v. Riley, 28 N.J. 188, 145 A.2d 601; Flannery v. State, 135 Tex.Crim. 235, 117 S.W.2d 1111, Rehearing Denied 22 June 1938; State v. Tenney, 137 Wn. 47, 241 P. 669; State v. Davis, 20 Wn.2d 443, 147 P.2d 940; 98 C.J.S., Witnesses, sec. 331, (d), pp. 45-6. See also Stinson v. State, 125 Ark. 339, 189 S.W. 49, a prosecution
, it is settled law that leading questions are in the discretion of the trial judge. State v. Beatty, 226 N.C. 765, 40 S.E.2d 357 (1946). The assignment of error is overruled.