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STATE v. HARRIS

No. 88.

252 S.E.2d 781 (1979)

297 N.C. 24

STATE of North Carolina v. Tennyson Alexander HARRIS.

Supreme Court of North Carolina.

March 16, 1979.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by R. W. Newsom, III, Associate Atty. Gen., and John C. Daniel, Jr., Asst. Atty. Gen., Raleigh, for the State.

Fritz Y. Mercer, Jr., Public Defender, by Grant Smithson, Asst. Public Defender, Charlotte, for defendant appellant.

BRANCH, Justice.

The single question presented by this appeal is whether the trial judge committed prejudicial error in charging the jury as follows:

If the State proves beyond a reasonable doubt or it is admitted that the defendant intentionally killed Sammie Jackson with a deadly weapon or intentionally inflicted a wound upon Sammie Jackson with a deadly weapon that proximately caused his death, you may, but you need not infer; first, that the killing was...

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