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STATE v. REECE

No. 8130SC331.

283 S.E.2d 530 (1981)

STATE of North Carolina v. N. L. REECE.

Court of Appeals of North Carolina.

November 3, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Lisa Shepherd, Raleigh, for the State.

App. Defender Adam Stein and Asst. App. Defender James H. Gold, Raleigh, for defendant-appellant.

BECTON, Judge.

The trial court submitted assault with a deadly weapon with intent to kill inflicting serious injury and assault with a deadly weapon inflicting serious injury as possible guilty verdicts. In explaining to the jury the "intent to kill" element of the greater offense, the trial court stated the following:

Thirdly, it is also charged that the Defendant assaulted the prosecuting witness with the specific intent to kill him. So, it's necessary...

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