STATE v. GRIFFIN

No. 146.

72 S.E.2d 427 (1952)

236 N.C. 219

STATE v. GRIFFIN.

Supreme Court of North Carolina.

September 24, 1952.


Attorney(s) appearing for the Case

Atty. Gen. Harry McMullan and Asst. Atty. Gen. Claude L. Love, for the State.

Arthur J. Redden, Hendersonville, and Geo. Green, Bakerville, for defendant appellant.


BARNHILL, Justice.

The record before us discloses an aggravated, vicious assault. The defendant, it is true, had been provoked. Yet it is apparent he was inspired by unreasoning passion, aroused by liquor, and that his assault upon deceased went far beyond the requirements of legitimate self-defense. Certainly the testimony is amply sufficient to repel a demurrer and motion to dismiss under G.S. § 15-173.

Notwithstanding the nature of the assault and...

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