STATE v. HAULK

No. 7829SC526.

247 S.E.2d 798 (1978)

38 N.C. App. 357

STATE of North Carolina v. Michael Timothy HAULK.

Court of Appeals of North Carolina.

October 17, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Marilyn R. Rich, Raleigh, for the State.

Robert W. Wolf, Forest City, for defendant-appellant.


ERWIN, Judge.

Surely there are few offenses more heinous than the maiming of a defenseless two-year-old child. We have concluded, however, that prejudicial error occurred below and accordingly award defendant a new trial.

Defendant has noted exceptions and assigned error to various portions of the trial court's instructions to the jury. Two such portions read as follows:

"The State contends that the defendant . . . on purpose, with intent to maim...

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