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Criminal Practice – Assault – ‘Serious Injury’ – Shotgun Wounds

State v. McLean. (Lawyers Weekly No. 11-07-0413, 18 pp.) (Cheri Beasley, J.) Appealed from Wayne County Superior Court. (Walter H. Godwin Jr., J.) N.C. App. Click here for the full text of the opinion.

Holding: Even assuming arguendo that transportation of a shooting victim to the hospital by ambulance is not sufficient to show “hospitalization,” the evidence showed that defendant shot the victim with a shotgun, that the victim was bleeding, that it looked like he had holes in his leg “from the ankle on up,” and that 18 to 20 pellets did not fully work themselves out of the victim’s body for six months. This constituted substantial evidence not only that the victim sustained bodily injury but also that his gunshot wounds were serious. Thus, the question of the nature of these injuries was properly submitted to the jury.

No error in defendant’s convictions of assault with a deadly weapon with intent to kill inflicting serious injury, assault with a deadly weapon, and discharging a firearm into a moving vehicle.

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