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STATE v. SUMNER

No. 739.

153 S.E.2d 111 (1967)

269 N.C. 555

STATE v. Charles SUMNER, Jr.

Supreme Court of North Carolina.

March 1, 1967.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Millard R. Rich, Jr., Asst. Atty. Gen., for the State.

Benjamin R. Wrenn, Reidsville, Court-appointed attorney, for Charles Sumner, Jr., appellant.

HIGGINS, Justice.

The defendant contends the court committed error in refusing to accept the jury's verdict as first returned: "Guilty of assault with intent to harm but not to kill." He contends the verdict as first returned, when properly interpreted is a conviction of a simple assault, nothing more, and "that without intent to kill but with intent to harm" could add nothing to the charge and hence could add nothing to the verdict. The expression should be treated...

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