N.C.P.I.—Crim. 208.65

The defendant has been charged with assault with a weapon

capable of inflicting serious bodily injuries or death, thereby inflicting

bodily injury, while he was a prisoner.1

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 intentionally (and

without justification or excuse) (describe assault).

Second, that the defendant used a weapon capable of inflicting

serious bodily injuries or death. In determining whether (name object)

was capable of inflicting serious bodily injuries or death, you should

consider the nature of (name object) and the manner in which it could be

used.

Third, that the defendant thereby inflicted bodily injury upon the

victim.

And Fourth, at that time the defendant was [In the custody of the

Division of Prisons.]2

[Under the custody of a local confinement facility.3 (Name

detention facility) is a local confinement facility.]

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, while the defendant was in the custody of (name

local confinement facility e.g., Tyrrell County jail), the defendant

assaulted the victim with a weapon capable of inflicting serious bodily

injuries or death, and that the defendant did inflict bodily injury upon 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 not guilty.4

NOTE WELL: If self-defense is an issue, use mandate

from N.C.P.I.-Crim. 308.45.5