N.C.P.I.—Crim. 208.10

The defendant has been charged with assault with a deadly weapon

with intent to kill inflicting serious injury.

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

prove four things beyond a reasonable doubt:

First, that the defendant assaulted the victim by intentionally1 (and

without justification or excuse)2 (describe assault).

Second, that the defendant used a deadly weapon. A deadly

weapon is a weapon which is likely to cause death or serious bodily

injury. [(Name object) is a deadly weapon]. [In determining whether

(name object) was a deadly weapon, you should consider the nature of

(name object), the manner in which it was used, and the size and

strength of the defendant as compared to the victim.]3

Third, the State must prove that the defendant had the specific

intent to kill the victim.

And Fourth, that the defendant inflicted serious injury.4

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

Crim. 308.45.

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

about the alleged date, the defendant intentionally (describe assault) the

victim with a (name object) (and that (name weapon) was a deadly

weapon)5 and that the defendant intended to kill the victim and did

seriously injure him, (nothing else appearing) 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.6

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

Crim. 308.45.7