State v. . Muse
This text of 50 S.E.2d 311 (State v. . Muse) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The question for decision is whether there was error in limiting the jury to one of two verdicts, i.e., guilty of an assault with a deadly weapon or not guilty.
The court eliminated the felony charge, and submitted the case to the jury on “a less degree of the same crime charged,” that is, an assault with a deadly -weapon. Whether the less-aggravated offense of a simple assault should also have been submitted to the jury is the point pre *538 sented by the appeal. Ordinarily, the position might prevail, S. v. Bentley, 223 N. C. 563, 27 S. E. (2) 738, but on this record where the manner and circumstance of the use of the alleged weapons was submitted to the jury and found to be deadly, we think the exception too tenuous to work a new trial. S. v. Randolph, 228 N. C. 228, 45 S. E. (2) 132. The character of the weapons seems not to have been mooted on the hearing. The defendant would have us consider only the evidence as to what transpired while the parties were in the taxicab. However, this was only the beginning of the affray.
No reversible error has been made to appear; hence the verdict and judgment will be upheld.
No error.
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Cite This Page — Counsel Stack
50 S.E.2d 311, 229 N.C. 536, 1948 N.C. LEXIS 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-muse-nc-1948.