NC · jury_instructions
N.C.P.I.—Crim. 208.85
ASSAULT BY POINTING A GUN. MISDEMEANOR.
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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