N.C.P.I.—Crim. 208.07

The defendant has been charged with malicious maiming.

For you to find the defendant guilty of this offense, the State must

prove three things beyond a reasonable doubt:

First, that the defendant [cut off] [disabled] [put out] the victim's

[tongue] [eye], thereby permanently injuring him.

Second, that the defendant acted unlawfully and with the intent to

[murder] [main] [disfigure]1 the victim.

And Third, that the defendant acted with malice aforethought, that

is, that he formed the intent to maim before doing it. Malice means not

only hatred, ill will, or spite as it is ordinarily understood-to be sure, that

is malice-but it also means the condition of mind which prompts a person

to intentionally inflict serious bodily harm which proximately results in

injury without just cause, excuse, or justification. You may consider this

along with all other facts and circumstances in determining whether the

defendant's act was unlawful and whether it was done with malice.

NOTE WELL: If self-defense is an issue, use N.C.P.I.-

Crim. 308.40 or 308.45, as appropriate.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant, with malice aforethought,

unlawfully and with the intent to [kill] [maim] [disfigure] the victim, [cut

off] [disabled] [put out] the victim's [tongue] [eye] thereby permanently

injuring the victim, it would be your duty to return a verdict of guilty. If

you do not so find or have a reasonable doubt as to one or more of these

things, it would be your duty to return a verdict of guilty or not guilty.

NOTE WELL: If self-defense is an issue, use N.C.P.I.-

Crim. 308.40 or 308.45, as appropriate.