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STATE v. FLETCHER

No. 86.

150 S.E.2d 54 (1966)

268 N.C. 140

STATE v. Leonard FLETCHER.

Supreme Court of North Carolina.

September 21, 1966.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Ralph Moody and Staff Attorney Andrew A. Vanore, Jr., Raleigh, for the State.

Cecil C. Jackson, Jr., Asheville, for defendant appellant.

BOBBITT, Justice.

The judge instructed the jury they could return a verdict of guilty of felonious assault as charged, or a verdict of guilty of assault with a deadly weapon, or a verdict of not guilty. The evidence required that such instruction be given. G.S. § 15-169; G.S. § 15-170; State v. Hicks, 241 N.C. 156, 84 S.E.2d 545.

It is unnecessary to review the evidence. When considered...

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