STATE v. JONES

No. 367.

128 S.E.2d 1 (1962)

258 N.C. 89

STATE v. Lex JONES.

Supreme Court of North Carolina.

November 7, 1962.


Attorney(s) appearing for the Case

William T. Watkins, Oxford, for defendant-appellant.

T. W. Bruton, Atty. Gen., Harry W. Mc-Galliard, Asst. Atty. Gen., for the State.


HIGGINS, Justice.

The indictment was drawn under G.S. § 14-32: "Any person who assaults another with a deadly weapon with intent to kill, and inflicts serious injury not resulting in death, shall be guilty of a felony * * *."

The defendant's Assignment of Error No. 4 challenges the trial court's charge defining serious injury: "I instruct you in this case if you find beyond a reasonable doubt the assault was made with a gun under such circumstances as...

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