State v. Marshall

Defendant first argues that the trial court erred in denying defendant’s motion to nonsuit the felony charge in Case No. 69-CRS-44 (Weaver indictment) and in submitting the felony charge to the jury on the evidence before it. Defendant contends that the evidence clearly shows lack of a serious injury and lack of intent to kill, both of which are essential elements of the crime of felonious •assault. G.S. 14-32. He says that the testimony of Richard Weaver shows a situation of “no animosity” and that the shot fired did not inflict serious injury because “a wound in the neck dressed and…