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STATE v. POE

No. COA94-867.

458 S.E.2d 242 (1995)

119 N.C. App. 266

STATE of North Carolina v. Elbert Randolph POE and David Ladell Beasley.

Court of Appeals of North Carolina.

June 20, 1995.

Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. Margaret A. Force, for the State.

Public Defender Isabel Scott Day by Asst. Public Defender Julie Ramseur Lewis, for defendant-appellant Elbert Randolph Poe.

Grant Smithson, Charlotte, for defendant-appellant David Ladell Beasley.

JOHNSON, Judge.

Defendants Elbert Randolph Poe and David Ladell Beasley were indicted for charges of assault with a deadly weapon in violation of North Carolina General Statutes § 14-32(b) (1993) and injury to personal property in violation of North Carolina General Statutes § 14-160 (1993). The cases were joined for trial.

Evidence presented at trial showed the following: Shortly after 9:00 p.m. on 18...

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