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STATE v. JOHNSON

No. 46.

244 S.E.2d 391 (1978)

36 N.C. App. 227

STATE of North Carolina v. Paul Wilfred JOHNSON.

Supreme Court of North Carolina.

June 6, 1978.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by Thomas H. Davis, Jr., Associate Atty. Gen., Raleigh, for the State of North Carolina.

Van Winkle, Buck, Wall, Starnes, Hyde & Davis, Herbert L. Hyde and G. Edison Hill, Asheville, for defendant-appellant.

HUSKINS, Justice:

We first consider defendant's assignment of error which challenges the following excerpt from the charge:

"If you find from the evidence beyond a reasonable doubt that on or about January 15, 1977, Paul Wilfred Johnson intentionally and without justification or excuse, fired a .22 caliber shot into the body of Clyde Junior Tabor with the rifle offered and received into evidence as State's Exhibit 9 thereby proximately causing Clyde Junior...

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