State v. Torain

In State v. Torain, 316 N.C. 111, 119, 340 S.E.2d 465, 470, cert. denied, 479 U.S. 836, 93 L. Ed. 2d 77, 107 S. Ct. 133 (1986), the Supreme Court of North Carolina reiterated the rule that "'where the alleged deadly weapon and the manner of its use are of such character as to admit of but one conclusion, the question as to whether or not it is deadly . . . is one of law, and the Court must take the responsibility of so declaring.'" Id. The Court then relied upon Torain in State v. Young, 317 N.C. 396, 417, 346 S.E.2d 626, 638 (1986), in concluding that a trial court properly determined a pocketknife to be a dangerous weapon when the uncontroverted evidence indicated that the defendant had used the knife to cause a small laceration to the victim's vagina.