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STATE v. PERRY

No. 738SC370.

196 S.E.2d 369 (1973)

18 N.C. App. 141

STATE of North Carolina v. Ulysses PERRY.

Court of Appeals of North Carolina.

May 9, 1973.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Associate Atty. Gen. Russell G. Sherrill, III, for the State.

J. Faison Thomson, Jr., Goldsboro, for defendant appellant.

HEDRICK, Judge.

Defendant assigns as error the denial of his motion in arrest of judgment.

In State v. Stepney, 280 N.C. 306, 318, 185 S.E.2d 844, 852 (1972), Justice Huskins speaking for the North Carolina Supreme Court said:

"An assault with a deadly weapon inflicting serious injury is not a lesser included offense of armed robbery because the infliction of serious injury is not...

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