Glyk and Associates v. Winston-Salem Southbound Railway Co‪.‬

Defendant, Dwight Bell, was indicted for the offenses of assault with a deadly weapon with intent to kill inflicting serious injury and discharging a firearm into an occupied vehicle. At the conclusion of the States evidence, the trial court granted defendants motion to dismiss the second charge. From possible verdicts of assault with a deadly weapon with intent to kill inflicting serious injury, assault with a deadly weapon inflicting serious injury, assault with a deadly weapon, or not guilty, the jury returned a verdict of assault with a deadly weapon inflicting serious injury. From a judgment imposing an active five year prison sentence, defendant appeals, assigning error to the trial courts (1) admission of testimony by the States witness, Sharon Cameron, that she was "still afraid" of defendant, (2) admission of evidence offered by the State to impeach its own witness, Terry Smith, (3) failure to give adequate limiting instructions regarding various hearsay statements offered for impeachment or corroboration, (4) denial of defendants motion to dismiss the assault charge, (5) failure to instruct the jury on simple assault, and (6) instruction to the jury that a .45 caliber pistol is a deadly weapon as a matter of