State v. Fletcher

The judge instructed the jury they could return a verdict of guilty of felonious assault as charged, or a verdict of guilty of assault with a deadly weapon, or a verdict of not guilty. The evidence required that such instruction be given. G.S. 15-169; G.S. 15-170; S. v. Hicks, 241 N.C. 156, 84 S.E. 2d 545.

It is unnecessary to review the evidence. When considered in the light most favorable to the State, it was sufficient to support a verdict of guilty of felonious assault as charged. When considered in the light most favorable to defendant, it was sufficient to require appropriate…