NC · jury_instructions
N.C.P.I.—Crim. 208.08
MALICIOUS THROWING OF CORROSIVE ACID OR ALKALI. FELONY.
The defendant has been charged with maliciously throwing corrosive
[acid] [alkali].
For you to find the defendant guilty of this offense, the State must
prove four things beyond a reasonable doubt:
First, that the defendant [threw] [caused to be thrown] corrosive
[acid) [alkali) upon the victim.
Second, that in so doing he inflicted serious injury upon the victim. 1
Third, that the defendant acted knowingly and willfully with the intent
to [murder] [maim] [disfigure] 2 the victim.
And Fourth, that the defendant acted with malice aforethought. 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.
Aforethought means that he formed the intent before acting.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant, with malice aforethought, knowingly
and willfully with the intent to [murder] [maim] [disfigure] the victim
[threw] [caused to be thrown] (name corrosive acid or alkali) upon the
victim thereby inflicting serious injury upon him, 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
not guilty.
Strong: Mayhem §§ 1, 2
History
N.C.P.I.—Crim. 208.08 (Replacement March 2002). N.C. Gen. Stat. § 14-30.1. Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
c0253abfe39fc690fd721979d66f5cf45fea19a5624dea46c26e6d11003c15c8
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