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NC · jury_instructions

N.C.P.I.—Crim. 208.85

ASSAULT BY POINTING A GUN. MISDEMEANOR.

activein force · 2002-04-01 – presentas-observed

The defendant has been charged with assault by pointing a gun.

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

prove two things beyond a reasonable doubt:

First, that the defendant pointed a gun at the victim. It makes no

difference whether the gun was loaded or unloaded, or whether the

pointing of the gun was in fun or otherwise.

And Second, that the defendant acted intentionally1 (and without

justification or excuse).2

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

Crim. 308.40.

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

about the alleged date, the defendant intentionally pointed a gun at the

victim, (nothing else appearing)3 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

both of these things, it would be your duty to return a verdict of not

guilty.

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

from 308.40.3

History

N.C.P.I.—Crim. 208.85 (April 2002). N.C. Gen. Stat. § 14-34. 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
47dcfb4f44c54c8a6fc56d0794e14cdaf9e5536d044e12e70c8a21f688bae3b5
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