State v. Hannah

BIGGS, Judge.

Defendant appeals his convictions of first degree burglary in violation of N.C.G.S. § 14-51, and assault inflicting serious bodily injury, in violation of N.C.G.S. § 14-32.4. For the reasons herein, we hold no error as to defendant’s conviction for first-degree burglary; however, we vacate his assault conviction and order a new trial.

The evidence at trial tended to show the following: Jennifer Hannah (Hannah) and Lewis Hannah (defendant) had a turbulent marriage. Hannah left the marital home, with their two children on three separate occasions, due largely to defendant’s drug…