STATE v. MUSSELWHITE

No. 8216SC301.

297 S.E.2d 181 (1982)

STATE of North Carolina v. Jerry MUSSELWHITE.

Court of Appeals of North Carolina.

November 16, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Myron C. Banks, Raleigh, for the State.

Robert D. Jacobson, Lumberton, for defendant-appellant.


BECTON, Judge.

The issues raised on appeal concern the trial court's evidentiary rulings; the trial court's denial of defendant's motions for nonsuit and dismissal; and the trial court's failure to instruct, in the case involving Sherill Vernon, on the lesser included offense of assault with a deadly weapon.

I

At trial, Sherill Vernon testified that she was defendant's girlfriend and that, on 28 August 1981, she and defendant had a violent argument...

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