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STATE v. DAVIS

No. 7626SC1009.

234 S.E.2d 762 (1977)

33 N.C. App. 262

STATE of North Carolina v. Vernon Wayne DAVIS and Willie J. Newsmith, III.

Court of Appeals of North Carolina.

May 18, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Jack Cozort, Raleigh, for the State.

Public Defender Michael S. Scofield by Asst. Public Defender Richard D. Boner, Charlotte, for defendant Vernon Wayne Davis.

Peter H. Gerns, Charlotte, for defendant Willie J. Newsmith, III.

MARTIN, Judge.

In his charge to the jury Judge Falls instructed as to assault with a deadly weapon inflicting serious injury as follows:

"And the third essential element, that the defendant inflicted serious bodily injury. Now, I have told you what the injury is, and you have heard what injuries he has received and I shall not repeat that. That doesn't mean it isn't important. It is an essential element. A fractured skull is a serious injury." (Emphasis...

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