State v. Carson

In State v. Carson, 296 N.C. 31, 46, 249 S.E.2d 417, 426 (1978), the Supreme Court explained: "Some weapons, under particular circumstances, such as guns, revolvers, pistols and swords when used in striking distance of the victim are so clearly lethal that the court may declare them deadly weapons as a matter of law. Other weapons, including a knife, may be declared deadly weapons according to the manner in which they were used. In the latter class, whether the weapon is lethal is ordinarily a question for the jury." Defendant contends, based on Carson, that the question whether the knife was a deadly weapon was an issue for the jury and, therefore, the jury should have been allowed to consider offenses not involving a deadly weapon. In Carson, however, the Supreme Court concluded that the trial court did not err in instructing the jury that the knife was a deadly weapon when the evidence showed that defendant had a five-inch knife in his hand, and the victim "observed the knife within striking distance" just before a rape occurred. Id. at 47, 249 S.E.2d at 426.