NC · jury_instructions
N.C.P.I.—Crim. 213.10
MALICIOUS USE OF EXPLOSIVE OR INCENDIARY DEVICE-PERSONAL INJURY.
The defendant has been charged with willfully and maliciously
[injuring] [attempting to injure] another by the use of an explosive or
incendiary device.
For you to find the defendant guilty of this offense the State must
prove four things beyond a reasonable doubt:
First, that the defendant [injured] [attempted to injure] the victim.
Second, that the defendant did this with an explosive or incendiary
device. (Name device) is an explosive or incendiary device.1
Third, that the defendant acted willfully; that is, intentionally and
without justification or excuse.
And Fourth, that the defendant acted maliciously. Malice means
not only hatred, ill will, or spite as it is ordinarily understood-to be sure,
that is malice-but it also means that condition of mind which prompts a
person to intentionally inflict injury without just cause, excuse, or
justification.
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date, the defendant willfully and maliciously [injured]
[attempted to injure] the victim with an explosive or incendiary device, 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.
History
N.C.P.I.—Crim. 213.10 (May 2002). N.C. Gen. Stat. § 14-49. 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
68f81c72a7256d497b59a8618f25cb04810476a62810f773ccd1737b13dcfde9
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