State v. Scott Book Reviews

State v. Scott by North Carolina Court of Appeals Book Summary

By the sole assignment of error brought forward, defendant contends the warrant fails to charge the crime of assault. The warrant charges that she "unlawfully and willfully did assault and strike NATHAN SCOTT by KICKING HIM, SLAPPININ [sic] THE BACK OF HIS NECK, AND BITING HIM ON HIS BACK AND ARM." She argues the warrant fails to allege that defendant placed Mr. Scott in apprehension of bodily harm or performed an overt act attempting to do physical injury to him within the common law definition of the offense. She submits that the warrant charges a battery, not an assault. A criminal pleading is sufficient if it contains a plain and concise statement asserting sufficient facts to support every element of a criminal offense and to apprise the defendant of the conduct which is the subject of the accusation. N.C. Gen. Stat. § 15A-924(a)(5) (2003). The pleading is not required to state every element of the offense charged; it is required only to state facts supporting every element. State v. Jordan, 75 N.C. App. 637, 639, 331 S.E.2d 232, 233, disc. review denied, 314 N.C. 544, 335 S.E.2d 23 (1985).

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