State v. Odom

MITCHELL, Justice.

The defendant contends that he should be granted a new trial due to the failure of the trial court to instruct the jury on the offense of simple assault. The defendant admits that he did not object to the instructions at trial and therefore waived his right to appeal on that ground. N.C.R. App. P. 10(b)(2). We agree with the defendant that the adoption of the “plain error” rule is appropriate in light of Rule 10(b)(2). While we adopt the “plain error” rule, when applying it to the defendant’s case we find no “plain error” that would mandate a new trial.

The charges against…