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STATE v. LACKEY

No. 85.

155 S.E.2d 465 (1967)

271 N.C. 171

STATE of North Carolina v. H. L. LACKEY and Al White.

Supreme Court of North Carolina.

July 24, 1967.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Staff Atty. Wilson B. Partin, Jr., Raleigh, for the State.

Riddle & Briggs, Asheville, for defendant appellee H. L. Lackey.

Harold K. Bennett and E. Glenn Kelly, Asheville, for defendant appellee Al White.

BOBBITT, Justice.

The allegations that defendants "unlawfully, willfully and maliciously" did assault, beat and wound Thomas V. Stepp "by the said Lackey beating Stepp with his fists and hands while simultaneously said White (was) threatening to shoot Stepp with a pistol he was carrying if Stepp resisted said unlawful beating," sufficiently charge each defendant with an assault, a criminal offense under the laws of North Carolina. For this reason, the motions to quash...

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