STATE v. NEWTON

No. 365.

105 S.E.2d 437 (1958)

249 N.C. 145

STATE v. Warren Harding NEWTON.

Supreme Court of North Carolina.

November 5, 1958.


Attorney(s) appearing for the Case

Atty. Gen. Malcolm B. Seawell, Asst. Atty. Gen. T. W. Bruton, for the State.

William T. Watkins, Royster & Royster, Oxford, for defendant.


DENNY, Justice.

Among the defendant's 26 assignments of error numbers 20 and 25 involve instructions to the jury. Assignment of error number 20 is directed to the following portion of the court's charge: "There could be no other explanation of his conduct there except the assault was made with a deadly weapon with the intent to kill, and that it constituted within the purview of the law and the statute, serious injury."

While the above language was used while...

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