Criminal Practice – Assault with Intent to Kill – 911 Recording – Authentication Stipulation – Truth Instruction

At defendant’s trial for assault with intent to kill inflicting serious injury, he stipulated to the authenticity of a recording of the victim’s 911 call; however, the trial court incorrectly instructed the jury that defendant had stipulated to the truth of this evidence, which included the victim’s statement that defendant had tried to kill her. Not only did defendant decline three offers from the trial court to give curative instructions, but the trial court also properly instructed the jury as to the state’s burden of proof and as to the jury’s role in determining the weight to give any evidence. Defendant has not shown a reasonable possibility of a different result absent the alleged error.

We find no prejudicial error in defendant’s conviction of assault with a deadly weapon with intent to kill inflicting serious injury.

State v. Eubanks (Lawyers Weekly No. 012-217-23, 12 pp.) (Valerie Zachary, J.) Appealed from Gaston County Superior Court (David Phillips, J.) Jocelyn Wright for the state; Jarvis John Edgerton for defendant. North Carolina Court of Appeals (unpublished)