(DOWNLOAD) "North Carolina v. Jacobs" by Court of Appeals of North Carolina No. 825SC910 * eBook PDF Kindle ePub Free

June 14, 2021

eBook details

Title: North Carolina v. Jacobs
Author : Court of Appeals of North Carolina No. 825SC910
Release Date : January 05, 1983
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 52 KB

Description

[61 NCApp Page 611] 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). The defendant, a thirty-nine year old male who weighed two hundred ten pounds, hit the victim, a sixty year old woman, in the head and stomach. Brain hemorrhages and other injuries resulted from the beating, causing the victim to be unable to care for herself. The defendant's fists could have been a deadly weapon given the manner in which they were used and the relative size and condition of the parties. See State v. Joyner, 295 N.C. 55, 243 S.E.2d 367 (1978); State v. Archbell, 139 N.C. 537, 51 S.E. 801 (1905).