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STATE v. MURPHY

No. 8117SC1067.

290 S.E.2d 408 (1982)

STATE of North Carolina v. Freddy MURPHY.

Court of Appeals of North Carolina.

April 20, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Asst. Atty. Gen. Fred R. Gamin, Raleigh, for the State.

Ronald M. Price, Madison, for defendant appellant.

HARRY C. MARTIN, Judge.

Defendant contends there was insufficient evidence that the crime was committed with a deadly weapon. Mrs. Sherrill testified that she saw a weapon in defendant's right hand. Defendant was seen walking towards the Sherrill home carrying a rifle. Mr. Sherrill testified, without objection, "that is when he [the defendant] pointed a gun in my stomach and told me to back up and I did. He told me to cut the light off and I did because

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