STATE v. GILLILAND

No. 8325SC639.

311 S.E.2d 40 (1984)

STATE of North Carolina v. Joe Dean GILLILAND.

Court of Appeals of North Carolina.

February 7, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Daniel C. Oakley, Raleigh, for the State.

McMurray & McMurray by John H. McMurray and Martha McMurray, Morganton, for defendant-appellant.


WEBB, Judge.

The defendant assigns error to the denial of his motion to dismiss the charge of assault with a deadly weapon inflicting serious injury. He contends it should have been dismissed because there was no evidence that the defendant used a deadly weapon. No witness testified that he saw a weapon. We believe, however, there was sufficient circumstantial evidence that the defendant used a deadly weapon for the jury to so find. The State introduced evidence that...

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