State v. Shepherd

HUNTER, Judge.

Michael J. Shepherd (“defendant”) appeals from a conviction of injury to prisoner by jailer. Defendant assigns error to the trial court’s denial of his motion to dismiss the charge of injury to prisoner by jailer because defendant asserts that he was not “the keeper of a jail” within the meaning of N.C. Gen. Stat. § 162-55 (2001) since he was a courtroom bailiff. Defendant also contends the trial court erred in its instructions to the jury regarding the definition of “the keeper of a jail.” We hold that defendant, acting as a bailiff, would be considered “the keeper of a jail”…