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STATE v. COOPER

No. 7029SC43.

173 S.E.2d 604 (1970)

8 N.C. App. 79

STATE of North Carolina v. Johnny COOPER and Bobby Lovelace.

Court of Appeals of North Carolina.

May 6, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Deputy Atty. Gen. Harrison Lewis and Trial Attorney I. B. Hudson, Jr., Raleigh, for the State.

George R. Morrow, Forest City, for defendant appellant Cooper.

Carroll W. Walden, Jr., Forest City, for defendant appellant Lovelace.

VAUGHN, Judge.

The sole assignment of error brought forward by the defendants is to the following portions of the charge wherein the court defined intent to kill.

"* * * So I charge you an intent to kill is the intent which exists in the mind of a person at the time he commits the assault or criminal act intentionally and without justification or excuse to kill his victim or to inflict great bodily harm." (Emphasis ours)

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