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STATE v. KINNEY

No. 8818SC557.

375 S.E.2d 692 (1989)

STATE of North Carolina v. Gilmer Eugene KINNEY.

Court of Appeals of North Carolina.

February 7, 1989.

Attorney(s) appearing for the Case

Atty. Gen., Lacy H. Thornburg by Asst. Atty. Gen. Mabel Y. Bullock, Raleigh, for the State.

Appellate Defender, Malcolm Ray Hunter, Jr. by Asst. Appellate Defender, M. Patricia DeVine, Raleigh, for defendant.

LEWIS, Judge.

Defendant was charged and convicted of assaulting his brother Talmadge Kinney (Tim) with a shotgun with the intention of killing him and inflicting serious injury. The events surrounding the shooting are disputed.

The State's evidence generally tended to show the following. Around 11:00 a.m. on 11 October 1986 Tim was at his mother's house in Greensboro where defendant also resided. He and Timothy...

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