Summary
The North Carolina Court of Appeals affirmed the defendant's convictions for common law robbery and assault on a female. The court held that assault on a female is a general-intent crime and that the evidence was sufficient to support denial of the defendant's motion to dismiss.
Holdings
- Assault on a female under N.C. Gen. Stat. § 14-33(c)(2) is a general-intent crime; the State need not prove that the defendant specifically intended to assault the particular female victim.
- The State presented substantial evidence supporting Defendant's conviction because Defendant intended to use pepper spray against someone and R.B. sustained injury from that act.
Questions Presented
- Whether the trial court erred by denying Defendant's motion to dismiss the charge of assault on a female because the State failed to present evidence that Defendant specifically intended to assault R.B.
Disposition
other
Cases Cited (9)
- State v. Golder, 374 N.C. 238, 250, 839 S.E.2d 782, 790 (2020)(followed)
- State v. Williams, 362 N.C. 628, 632-33, 669 S.E.2d 290, 294 (2008)(followed)
- State v. Fritsch, 351 N.C. 373, 378, 526 S.E.2d 451, 455 (2000)(followed)
- State v. Smith, 300 N.C. 71, 78-79, 265 S.E.2d 164, 169 (1980)(followed)
- State v. Page, 346 N.C. 689, 700, 488 S.E.2d 225, 232 (1997)(followed)
- State v. Jones, 339 N.C. 114, 148, 451 S.E.2d 826, 844 (1994)(followed)
- State v. Lattimore, 201 N.C. 32, 34, 158 S.E.2d 741, 742 (1931)(followed)
- State v. Jeffries, 57 N.C. App. 416, 418, 291 S.E.2d 859, 860-61 (1982)(followed)
- State v. Roberts, 270 N.C. 655, 658, 155 S.E.2d 303, 305 (1967)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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