STATE v. JACKSON

No. 7512SC556.

219 S.E.2d 243 (1975)

27 N.C. App. 393

STATE of North Carolina v. Ralph O. JACKSON.

Court of Appeals of North Carolina.

November 5, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Associate Atty. Sandra M. King, Raleigh, for the State.

Mary Ann Tally, Assistant Public Defender, Twelfth Judicial District, Fayetteville, for defendant appellant.


ARNOLD, Judge.

Two arguments are presented by defendant in this appeal. First he contends that the trial court erred in failing to submit to the jury the issue of whether the defendant was guilty of the lesser included offense of simple assault. It is a well established rule that a trial court does not commit error by failing to submit to the jury lesser included offenses of which there is no supporting evidence. State v. Capel, 21 N.C. App...

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