STATE v. DANIELS

No. 782SC441.

247 S.E.2d 770 (1978)

38 N.C. App. 382

STATE of North Carolina v. George DANIELS, Jr.

Court of Appeals of North Carolina.

October 17, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. John R. Wallace, Raleigh, for the State.

John H. Harmon, New Bern, for defendant-appellant.


CLARK, Judge.

The defendant assigns as error the failure of the trial court to submit to the jury the lesser offense of simple assault. If the weapon used in the assault by the defendant was a deadly weapon per se the trial court was not required to charge on the lesser included offense of simple assault, even though the trial court did not charge that the instrument used in the assault was a deadly weapon as a matter of law.

Though there is some discrepancy...

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