State v. Jones

The indictment was drawn under G.S. 14-32: “Any person who assaults another with a deadly weapon with intent to kill, and inflicts serious injury not resulting in death, shall be guilty of a felony ...”

The defendant’s Assignment of Error No. 4 challenges the trial court’s charge defining serious injury: “I instruct you in this case if you find beyond a reasonable doubt the assault was made with a gun under such circumstances as calculated to create a breach of the peace that would outrage the sensibilities of the community, it would be an assault with a deadly weapon inflicting serious…