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STATE v. THORNTON

No. 794SC501.

259 S.E.2d 381 (1979)

43 N.C. App. 564

STATE of North Carolina v. Ricky Donald THORNTON.

Court of Appeals of North Carolina.

November 6, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Christopher P. Brewer, Raleigh, for the State.

Timothy W. Howard, Clinton, for defendant-appellant.

ERWIN, Judge.

Defendant contends that the trial court committed error in its charge to the jury when it instructed as to intent as follows:

"I further instruct you that if you should find beyond a reasonable doubt that the defendant intended to point the pistol at some third party, that is not David Aman but some other party who was in the American Legion Hut at the time of the fraycus (sic) but that he actually pointed it at David Aman then the legal effect...

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