State v. Pointer

STEELMAN, Judge.

Defendant appeals two convictions of assault with a deadly weapon with intent to kill inflicting serious injury because he asserts that he did not have the ability to form the intent to kill. For the reasons stated herein, we find no prejudicial error.

Factual Background

The State’s evidence tended to show that Kimberly Rogers (“Rogers”) invited her brother, Roger Allen Pointer (“defendant”), to live with her in Lincolnton, North Carolina in 2002. Rogers lived with her three children: Seth, age sixteen; Karissa, age thirteen; and, Tiffany, age twelve. It was agreed that…