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STATE v. McKINNON

No. 8125SC442.

283 S.E.2d 555 (1981)

STATE of North Carolina v. Cletus Jerome McKINNON.

Court of Appeals of North Carolina.

November 3, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Blackwell M. Brogden, Jr., Raleigh, for the State.

Appellate Defender Project for North Carolina by Malcolm R. Hunter, Jr., Raleigh, for defendant-appellant.

VAUGHN, Judge.

Defendant brings forward three assignments of error. None discloses prejudicial error.

Defendant first argues that having submitted to the jury the question of the alleged deadly character of the knife, the court was then required to charge the jury as to the lesser included offense of assault inflicting serious injury. State v. Whitaker, 29 N.C. App. 602, 225 S.E.2d 129

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