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STATE v. PORTER

No. 506.

78 S.E.2d 910 (1953)

238 N.C. 735

STATE v. PORTER.

Supreme Court of North Carolina.

December 2, 1953.

Attorney(s) appearing for the Case

Atty. Gen. Harry McMullan, Asst. Atty. Gen. T. W. Bruton, and Gerald F. White, Raleigh, of Staff for the State.

Welling & Welling, Charlotte, for defendant appellant.

BARNHILL, Justice.

Defendant assigns as error "the failure of the Judge to charge the jury in accordance with the provisions of G.S. § 1-180 as amended by Chapter 107 of the General Sessions Laws of 1949; as shown by Exception 5." Exception 5 specifies (1) a failure to fully instruct the jury on the elements constituting a battery, (2) a failure to instruct the jury that in view of the dangerous and violent assault with a deadly weapon being made on him by the...

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