State v. Plemmons

The defendant is charged with an assault with a deadly weapon with intent to kill, inflicting serious injury not resulting in death. This is made a felony by Gr.S. 14-32.

The use of the words “and murder” following the phrase “with intent to kill” in the bill was surplusage and placed no additional burden on the prosecution. The jury was careful to spell out its verdict and the spelling appears to have followed the language of the statute. S. v. Ellison, post, 59; S. v. Lassiter, 208 N.C. 251, 179 S.E. 891.

The defendant complains that the trial court failed to explain to the jury “what is…