STATE v. BLACKMON

No. 7526SC679.

220 S.E.2d 850 (1976)

28 N.C. App. 255

STATE of North Carolina v. Terry Bernard BLACKMON.

Court of Appeals of North Carolina.

January 7, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Charles J. Murray, Raleigh, for the State.

Chambers, Stein, Ferguson & Becton by Karl Adkins, Charlotte, for defendant-appellant.


PARKER, Judge.

Defendant contends the court erred in failing to submit to the jury issues of defendant's guilt of the lesser included offenses of assault with a deadly weapon or simple assault. "The necessity for instructing the jury as to an included crime of lesser degree than that charged arises when and only when there is evidence from which the jury could find that such included crime of lesser degree was committed." State v. Hicks, 241...

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