[DOWNLOAD] "North Carolina v. Reives" by Court of Appeals of North Carolina No. 7511SC854 # eBook PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Reives
- Author : Court of Appeals of North Carolina No. 7511SC854
- Release Date : January 17, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
[29 NCApp Page 12] Defendant's motion for judgment of nonsuit on the charge of assault with a deadly weapon with intent to kill was properly overruled. There was sufficient evidence to support the verdict of guilty of assault with a deadly weapon with intent to kill. A pistol is a deadly weapon per se. State v. Powell, 238 N.C. 527, 78 S.E.2d 248 (1953). An unexplained misfiring of a loaded pistol does not change its deadly character. If the pistol used is a deadly weapon and is pointed at the person of another, [29 NCApp Page 13] then such pointing is an assault with a deadly weapon. G.S. 14-34; State v. Currie, 7 N.C. App. 439, 173 S.E.2d 49 (1970). The altercation, the shooting and resulting death of Ross soon after defendant pointed the pistol at Fox's chest and pulled the trigger, and other circumstances are sufficient evidence of intent to kill. An intent to kill 'may be inferred from the nature of the assault, the manner in which it was made, the conduct of the parties, and other relevant circumstances. State v. Cauley, 244 N.C. 701, 708, 94 S.E.2d 915, 921 (1956). See 1 Strong, N.C. Index 2d, Assault and Battery, § 5, p. 298.