State v. McKinnon

VAUGHN, Judge.

Defendant brings forward three assignments of error. None discloses prejudicial error.

Defendant first argues that having submitted to the jury the question of the alleged deadly character of the knife, the court was then required to charge the jury as to the lesser included of fense of assault inflicting serious injury. State v. Whitaker, 29 N.C. App. 602, 225 S.E. 2d 129 (1976).

It is well established in North Carolina that when there is some evidence to support a lesser included offense of the one charged, defendant is entitled as a matter of law to have the jury instructed on…