State v. Gilliland
State v. Gilliland
Opinion of the Court
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 the victim was severely cut. We believe the jury could infer from this that the defendant used a knife which could be found to be a deadly weapon. See 6 Strong’s N.C. Index 3d, Evidence § 21 (1978) for a definition of circumstantial evidence.
We do not believe State v. Randolph, 228 N.C. 228, 45 S.E. 2d 132 (1947); State v. Watkins, 200 N.C. 692, 158 S.E. 393 (1931); and State v. Smith, 187 N.C. 469, 121 S.E. 737 (1924), relied on by the defendant, are helpful to him. Randolph held that the weapon need not be offered in evidence. Watkins deals with the charge of the court as to how the jury determines whether a weapon is a deadly weapon. It does not deal with the question in this case, which is, whether the evidence is sufficient to be submitted to the jury. Smith deals with the question of whether a baseball bat used to kill a person is a deadly weapon as a matter of law.
The defendant’s first assignment of error is overruled.
In his second assignment of error the defendant argues that his motion for appropriate relief should have been granted. The court charged the jury as to Ronnie Mull’s right of self-defense when his wife was assaulted. After the verdict had been entered, Wanda Mull testified that she had gone through a marriage ceremony with Ronnie Mull but she was not divorced from her first husband at the time. The defendant argues that he did not receive as favorable a charge as he should have received on the right of Ronnie Mull to go to the aid of Wanda Mull. The judge
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.