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STATE v. JACOBS

No. 825SC910.

301 S.E.2d 429 (1983)

STATE of North Carolina v. James J. JACOBS.

Court of Appeals of North Carolina.

April 5, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Floyd M. Lewis, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Malcolm R. Hunter, Jr., Raleigh, for defendant, appellant.

HEDRICK, Judge.

Defendant first contends that judgment should be arrested because an assault with his fists does not satisfy the "deadly weapon" element of the indictment. A deadly weapon is "any article, instrument or substance which is likely to produce death or great bodily harm." State v. Sturdivant, 304 N.C. 293, 301, 283 S.E.2d 719, 725 (1981) (citations omitted). The defendant, a thirty-nine year old male who weighed...

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