STATE v. WALLACE

No. COA08-1429.

676 S.E.2d 922 (2009)

STATE of North Carolina v. Penny L. WALLACE and Brenda Benton.

Court of Appeals of North Carolina.

June 2, 2009.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Charles E. Reese and Assistant Attorney General LaToya B. Powell, for the State.

Cheshire, Parker, Schneider, Bryan & Vitale, by John Keating Wiles, Raleigh, for defendant-appellant Wallace.

Jarvis John Edgerton, IV, Durham, for defendant-appellant Benton.


STEELMAN, Judge.

Where the State presented substantial evidence to support every element of assault with a deadly weapon inflicting serious injury, the trial court properly denied defendants' motions to dismiss. Where substantial evidence was presented at trial to submit each alternative theory of guilt to the jury, the trial court did not err by instructing the jury in the disjunctive.

I. Factual and Procedural Background

The State's evidence...

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