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STATE v. SMITH

No. COA06-1321.

650 S.E.2d 29 (2007)

STATE of North Carolina, Plaintiff, v. Jerry Dale SMITH, Defendant.

Court of Appeals of North Carolina.

September 18, 2007.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Special Deputy Attorney General, John J. Aldridge, III, for the State-appellee.

William B. Gibson, Winston-Salem, for defendant-appellant.

STROUD, Judge.

Defendant Jerry Dale Smith appeals from judgment entered upon jury verdicts finding him guilty of assault with a deadly weapon on a government official, misdemeanor resisting a public officer, and attaining habitual felon status. These convictions arose out of an altercation in which defendant submerged a Haywood County Deputy Sheriff in the Pigeon River. Defendant assigns error to the trial court's denial of his motion to dismiss the charge of assault...

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