 |
 DEAD HEAD FRED M $5.95 Time Remaining: 18d 10h Buy It Now for only: $5.95 |
 Dead Head Fred Brand New Sony PSP Game Playstation $9.95 Time Remaining: 12h 54m Buy It Now for only: $11.95 |
 SONY PSP DEAD HEAD FRED BRAND NEW VIDEO GAME $10.00 Time Remaining: 29d 1h 42m Buy It Now for only: $10.00 |
 Dead Head Fred Playstation Portable 2007 PSP Brand New Sealed $11.97 Time Remaining: 2d 18h 4m Buy It Now for only: $11.97 |
 Dead Head Fred $8.99 Time Remaining: 10d 5h 25m Buy It Now for only: $8.99 |
 Dead Head Fred PlayStation Portable 2007 $5.95 Time Remaining: 21d 14h 9m Buy It Now for only: $5.95 |
 NEW Dead Head Fred Sony Playstation Portable PSP $7.99 Time Remaining: 7d 15h 52m Buy It Now for only: $7.99 |
 Dead Head Fred PlayStation Portable 2007 ACTION ADVENTURE REVENGE MYSTERY $5.01 Time Remaining: 12d 12h 51m Buy It Now for only: $5.01 |
 Brand New Dead Head Fred $20.43 Time Remaining: 1d 6h 36m Buy It Now for only: $20.43 |
 Dead Head Fred Brand New Sony PSP Game Playstation $11.95 Time Remaining: 21d 10h 49m Buy It Now for only: $11.95 |
 PSP JPDead Head Fred NEW Import Japan $106.99 Time Remaining: 23d 3h 34m Buy It Now for only: $106.99 |
 Dead Head Fred Brand New Brand New PlayStation Portable PSP $14.63 Time Remaining: 20d 14h 40m Buy It Now for only: $14.63 |
 Dead Head Fred PlayStation Portable 2007 $8.99 Time Remaining: 4d 15h 23m Buy It Now for only: $8.99 |
 Dead Head Fred PlayStation Portable 2007 $13.98 Time Remaining: 15d 9h 4m Buy It Now for only: $13.98 |
 Dead Head Fred Sony PSP Game Brand New Factory Sealed $11.95 Time Remaining: 18d 1h 46m Buy It Now for only: $11.95 |
 Dead Head Fred PSP Game Awesome fun Unemployed $3.99 Time Remaining: 8d 4h 45m Buy It Now for only: $3.99 |
 DEAD HEAD FRED PSP GAME FREE SHIPPING SEE MY STORE 1500 GAMES IN STOCK $16.73 Time Remaining: 17d 8h 43m Buy It Now for only: $16.73 |
 PSP JPDead Head Fred USED Import Japan $58.99 Time Remaining: 23d 2h 58m Buy It Now for only: $58.99 |
 NEW PSP DEAD HEAD FRED SEALED $15.92 Time Remaining: 4d 19h 22m Buy It Now for only: $15.92 |
 Dead Head Fred PlayStation Portable 2007 $4.99 Time Remaining: 4d 6h 8m |
 NEW SONY PLAYSTATION PORTABLE PSP Dead Head Fred HORROR ACTION ADVENTURE RPG $14.92 Time Remaining: 17d 9h 58m Buy It Now for only: $14.92 |
 Dead Head Fred PSP $13.00 Time Remaining: 19d 17h 24m Buy It Now for only: $13.00 |
 Dead Head Fred PlayStation Portable COMPLETE PSP $12.30 Time Remaining: 18d 3h 50m Buy It Now for only: $12.30 |
 Dead Head Fred PlayStation Portable 2007 NEW $14.20 Time Remaining: 27d 2h 49m Buy It Now for only: $14.20 |
 DEAD HEAD FRED NEW SEALED PSP GAME FREE SHIP SEE MY STORE $21.86 Time Remaining: 7d 13h 11m Buy It Now for only: $21.86 |
 Dead Head Fred SONY PORTABLE PSP BRAND NEW SEALED $11.75 Time Remaining: 16d 14h 58m Buy It Now for only: $11.75 |
 Dead Head Fred PlayStation Portable 2007 $14.99 Time Remaining: 14d 14h 27m Buy It Now for only: $14.99 |
 Dead Head Fred PlayStation Portable 2007 $12.99 Time Remaining: 11d 4h 25m Buy It Now for only: $12.99 |
 Dead Head Fred PlayStation Portable 2007 PSP New Sealed $7.49 Time Remaining: 13d 15h 48m Buy It Now for only: $7.49 |
 Dead Head Fred PlayStation Portable 2007 $5.39 Time Remaining: 21d 12h 37m Buy It Now for only: $5.39 |
 Dead Head Fred PSP NEW FACTORY SEALED IN STOCK $19.99 Time Remaining: 3d 15h 50m Buy It Now for only: $19.99 |
 Dead Head Fred Sony Playstation Portable PSP Game New $14.99 Time Remaining: 15d 2h 6m Buy It Now for only: $14.99 |
 Dead Head Fred $60.73 Time Remaining: 29d 21h 45m Buy It Now for only: $60.73 |
 Dead Head Fred PlayStation Portable 2007 $8.99 Time Remaining: 7d 2h 53m Buy It Now for only: $8.99 |
 Dead Head Fred PSP Brand New $11.99 Time Remaining: 5d 5h 30m Buy It Now for only: $11.99 |
 The Honto ni Atama o Tsukau Action Dead Head Fred Simple 2000 Series Portable $50.31 Time Remaining: 29d 22h 7m Buy It Now for only: $50.31 |
 BRAND NEW DEAD HEAD FRED PLAYSTATION PORTABLE 2007 VIDEO GAME $10.91 Time Remaining: 21d 4h 43m Buy It Now for only: $10.91 |
Dead Head
North Carolina Assault Deadly Weapon Bat Injury Serious Instruction Jury Lawyers Attorneys
STATE OF NORTH CAROLINA v. SHANIKA ELONDA COMPTON
COURT OF APPEALS OF NORTH CAROLINA
March 24, 2010, Heard in the Court of Appeals
September 7, 2010, Filed
Defendant struck Alexis Gaffney ("Gaffney") in her head with a bat causing Gaffney to suffer a broken nose and black eye. Defendant was indicted for assault with a deadly weapon inflicting serious injury. Defendant pled not guilty and was tried before a jury.
Defendant was convicted of assault with a deadly weapon inflicting serious injury.
Issues:
- Whether the trial court erred in instructing the jury that a bat is a deadly weapon per se where the weapon was not described by a witness and fatal injuries were not inflicted?
- Whether the trial court committed plain error by failing to instruct the jury on the lessor included offenses -- simple assault and assault inflicting serious injury?
Observation and Holding:
With regard to defendant's assignment of error, our North Carolina Supreme Court has previously held that, [a] dangerous or deadly weapon "is generally defined as any article, instrument or substance which is likely to produce death or great bodily harm." Only "where the instrument, according to the manner of its use or the part of the body at which the blow is aimed, may or may not be likely to produce such results, its allegedly deadly character is one of fact to be determined by the jury." Here, the uncontroverted evidence showed that defendant struck Gaffney on the right side of her head with what was described by both State and defense witnesses as "a wooden bat." In fact, defendant testified that she "grabbed the bat out of [her] back door" and stated that she hit Gaffney as Gaffney was running toward her. Based on the aforementioned, we hold that the evidence amply supported the trial court's instruction that a "bat" is a dangerous and deadly weapon as a matter of law, because "[i]n the circumstances of its use by defendant here, it was 'likely to produce death or great bodily harm.'"
The trial court is not required to submit the lesser included offense of simple assault or assault inflicting serious injury to the jury where the trial court has properly determined that the instrument used to commit the assault was a deadly weapon per se. Accordingly, we overrule defendant's assignment of error and hold that the trial court did not commit error, much less plain error.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content
About the Author
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
I think I ruined my mums, are you supposed to dead-head them?
I bought beautiful mums, some white, some dark red, and planted them in good soil in huge pots. I water them frequently, but they have slowly turned into pitiful looking plants. All the flowers turned brown, so I dead-headed them, thinking it would help new flowers grow. But no blooms in 3 weeks! What have I done?
It's fine to dead-head Mums. Depending on thet variety you may or may not get more blooms. Mine have bloomed all they they are going to bloom so when I dead-head them I know not to expect new blooms. Their bloom cycle is over.
Devin Townsend Band - DeadHead