STATE v. SMITH

No. 728SC666.

193 S.E.2d 318 (1972)

16 N.C. App. 736

STATE of North Carolina v. Jesse Colbert SMITH, Jr.

Court of Appeals of North Carolina.

Certiorari Denied March 6, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Gen. Ralf F. Haskell, for the State.

Turner & Harrison, by Fred W. Harrison, Kinston for defendant.


Certiorari Denied by Supreme Court March 6, 1973.

BROCK, Judge.

Defendant assigns as error the denial of his motion for nonsuit. It is defendant's contention that, although he fired the rifle intentionally, he did not aim it at the deceased. Clearly, the State's evidence tends to show that defendant aimed the rifle at the car whether he intentionally aimed it at the deceased or not. Also, the State's evidence tends to show that defendant saw someone around...

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