STATE v. JEFFRIES

No. 8118SC1171.

291 S.E.2d 859 (1982)

STATE of North Carolina v. Don Juan JEFFRIES.

Court of Appeals of North Carolina.

June 1, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Ann Reed, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Nora B. Henry, Raleigh, for defendant-appellant.


HEDRICK, Judge.

By his first assignment of error, defendant argues that "[t]he trial court committed reversible error ... when it withdrew the possible verdict of assault on a female from the jury's consideration." Defendant argues that there was evidence of his commission of assault on a female, and that such offense was a lesser included offense which should have been submitted to the jury.

If all the evidence tends to show that the crime charged in the...

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