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STATE v. HOLCOMBE

No. COA09-860.

691 S.E.2d 740 (2010)

STATE of North Carolina v. John Anthony HOLCOMBE, and Danny Ray Holcombe.

Court of Appeals of North Carolina.

April 20, 2010.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Assistant Attorney General Barry H. Bloch, for the State (JAH).

Attorney General Roy A. Cooper, III, by Special Deputy Attorney General V. Lori Fuller, for the State (DRH).

Hyler & Lopez, P.A., by George B. Hyler, Jr. and Robert J. Lopez, Asheville, for defendants-appellants.

JACKSON, Judge.

Danny Ray Holcombe ("Danny") appeals his 11 February 2009 convictions for malicious assault in secret, assault with a deadly weapon, injury to personal property, carrying a concealed weapon, and assault and battery. John Anthony Holcombe ("John") (collectively with Danny, "defendants") appeals his 11 February 2009 conviction of aiding and abetting malicious assault in secret. For the reasons stated below, we vacate both Danny's conviction for malicious...

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