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STATE v. OVERBY

No. 6910SC56.

166 S.E.2d 461 (1969)

4 N.C. App. 280

STATE of North Carolina v. Claude OVERBY.

Court of Appeals of North Carolina.

April 2, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Deputy Atty. Gen. Harry W. McGalliard, for the State.

Ralph McDonald, Raleigh, for the defendant appellant.

MALLARD, Chief Judge.

The evidence for the State tends to show the following facts: On 7 June 1968 the defendant and Joseph James (Joseph) were both serving sentences in the State Prison at Raleigh. On this date during "feeding time" while the door of the cell occupied by Joseph was open, the defendant walked or ran into the cell and stabbed Joseph twice in the back with a weapon made out of a spoon that had been filed down. One end of the spoon was wrapped with adhesive...

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