State v. Glenn

CLARK, Judge.

Defendant’s first assignment of error is to the trial court’s refusal to require the State to elect to try defendant on only one of the two indictments on the grounds that both indictments arose out of the same criminal act and consisted of the same elements such that trial on both charges violated constitutional proscriptions against double jeopardy. This argument is without merit. One of the elements of the offense of assault with a deadly weapon with intent to kill inflicting serious injury is the intent to kill. G.S. 14-32(a). This element is not required for conviction under…