State v. Davis

MARTIN, Judge.

In his charge to the jury, Judge Falls instructed as to assault with a deadly weapon inflicting serious injury as follows:

“And the third essential element, that the defendant inflicted serious bodily injury. Now, I have told you what the injury is, and you have heard what injuries he has received, and I shall not repeat that. That doesn’t mean it isn’t important. It is an essential element. A fractured skull is a serious injury.” (Emphasis added.)

Both defendants contend that the trial judge, by instructing that the victim’s skull fracture was a serious injury, violated G.S.…