STATE v. WHITAKER

No. 751SC1042.

225 S.E.2d 129 (1976)

29 N.C. App. 602

STATE of North Carolina v. Henry WHITAKER.

Court of Appeals of North Carolina.

June 2, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, Raleigh, by Associate Atty. Richard L. Griffin, Raleigh, for the State.

Wilton F. Walker, Jr., Elizabeth City, for defendant.


MARTIN, Judge.

Defendant's two assignments of error relate to the failure of the court to submit to the jury the issue of simple assault in each case.

The defendant contends that an additional issue of simple assault upon Donald Dowdy and William Burney should have been submitted to the jury by the judge in his charge in that he left it to the jury to determine whether the broom handle and the knife were deadly...

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