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STATE v. HEFFNER

No. 68SC231.

162 S.E.2d 100 (1968)

1 N.C. App. 597

STATE of North Carolina v. Tommy HEFFNER.

Court of Appeals of North Carolina.

July 10, 1968.

Attorney(s) appearing for the Case

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

Lewis Bulwinkle, Gastonia, for defendant appellant.

BRITT, Judge.

The only assignments of error brought forward in defendant's brief relate to those portions of the judge's charge to the jury, regarding the lesser offense of assault with a deadly weapon, as follows:

"* * * and I instruct you that if you find from the evidence beyond a reasonable doubt, the burden being upon the State to so satisfy you that on the 3rd day of December, 1967, the defendant, Tommy Heffner, with a knife, cut the throat of the witness...

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