Smith's Criminal Case Compendium
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State v. Hill, ___ N.C. App. ___, 821 S.E.2d 631 (Oct. 16, 2018)
An indictment charging assault with a deadly weapon inflicting serious injury on victim E.D. was not defective. The defendant asserted that the indictment was defective because it failed to include the word “assault” in its description of the offense. The court concluded that while the indictment failed to include that word, it sufficiently charged the offense. Specifically, it alleged, in relevant part: “that . . . the defendant . . . did E.D. with a screwdriver, a deadly weapon, inflicting serious injury, against the form of the statute in such case made and provided and against the peace and dignity of the State.” Additionally, it correctly listed the offense as “AWDW SERIOUS INJURY” and referenced the correct statute. As such it sufficiently apprised the defendant of the crime.