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STATE v. HERRING

No. 805SC551.

273 S.E.2d 29 (1981)

STATE of North Carolina v. James Richard HERRING, Jr.

Court of Appeals of North Carolina.

January 6, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James E. Magner, Jr., Raleigh, for the State.

Ray H. Walton and William F. Fairley, Southport, for defendant-appellant.

WEBB, Judge.

The defendant's first assignment of error is to the overruling of his motion to dismiss the charge of assault with a deadly weapon with intent to kill inflicting serious injury. The defendant contends there was not sufficient evidence of an intent to kill to be submitted to the jury. In State v. Cauley, 244 N.C. 701, 94 S.E.2d 915 (1956), it was held that the jury could infer from...

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