STATE OF NORTH CAROLINA
v. Alamance County
No. 01 CRS 53203
SHAWN PRITCHARD,
Defendant.
Attorney General Roy Cooper, by Assistant Attorney General
Newton G. Pritchett, Jr., for the State.
J. Clark Fischer, for defendant-appellant.
HUDSON, Judge.
On 1 July 2002, defendant Shawn Pritchard was indicted for
assault inflicting serious bodily injury. The indictment alleged
that on 16 March 2001, defendant willfully and feloniously did
ASSAULT JAMES A. RAY inflicting serious bodily injury in that the
Victim suffered serious and permanent head injuries. The case was
tried at the 22 July 2002 Criminal Session of Alamance County
Superior Court.
At the end of the State's case, defendant moved to dismiss the
case for lack of jurisdiction because the indictment failed to
allege any serious bodily injury. The motion was denied.
Defendant was convicted of assault inflicting serious bodily injuryand sentenced to one term of twenty-one to twenty-six months
imprisonment. Defendant appeals.
Defendant's sole argument on appeal is that the trial court
erred by denying his motion to dismiss because the indictment was
inadequate to charge the offense. Defendant contends that the
indictment was insufficient because the pleading did not specify
the exact nature of the injury suffered by Ray. Defendant argues
that the allegation of serious and permanent head injuries is too
vague and fails to track the language of the statute.
After careful review of the record, briefs and contentions of
the parties, we find no error. Defendant was indicted for assault
inflicting serious bodily injury pursuant to G.S. . 14-32.4. The
essential elements of the offense are: (1) an intentional assault
on another person (2) resulting in serious bodily injury. State
v. Williams, 154 N.C. App. 176, 180, 571 S.E.2d 619, 622 (2002).
G.S. . 14-32.4 defines serious bodily injury as:
bodily injury that creates a substantial risk
of death, or that causes serious permanent
disfigurement, coma, a permanent or protracted
condition that causes extreme pain, or
permanent or protracted loss or impairment of
the function of any bodily member or organ, or
that results in prolonged hospitalization.
G.S. . 14-32.4 (2001). Defendant essentially argues that the
indictment was insufficient to charge the offense because there was
no allegation that the assault resulted in any of the permanent or
protracted conditions listed by the statute. However, this Court
has stated:
According to N.C. Gen. Stat. § 15A-924, an
indictment must contain a plain and concisefactual statement in each count which . . .
asserts facts supporting every element of a
criminal offense and the defendant's
commission thereof with sufficient precision
clearly to apprise the defendant . . . of the
conduct which is the subject of the
accusation. An indictment which avers facts
constituting every element of an offense need
not be couched in the language of the statute.
State v. Cockerham, 155 N.C. App. 729, 735, 574 S.E.2d 694, 698,
disc. review denied, 357 N.C. 166, 580 S.E.2d 702 (2003) (emphasis
added and citations omitted). Here, the indictment alleged the
essential elements of the offense, stating that defendant assaulted
Ray causing serious bodily injury in that Ray suffered serious
permanent head injuries. See Williams, 154 N.C. App. at 180, 571
S.E.2d at 622. Thus, we hold that the indictment was sufficient to
charge the defendant with assault inflicting serious bodily injury
without specifying which permanent or protracted condition listed
in the statute was suffered by Ray. See State v. Edwards, 305 N.C.
378, 380, 289 S.E.2d 360, 362 (1982)(noting that an indictment
without specifying which 'sexual act' was committed is sufficient
to charge the crime of first-degree sexual offense and to inform a
defendant of such accusation). If a defendant wishes additional
information as to the nature of the serious bodily injury with
which he stands charged, he may move for a bill of particulars.
Id. Accordingly, the assignment of error is overruled.
No error.
Judges MCGEE and GEER concur.
Report per Rule 30(e).
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