Supreme Court of North Carolina October 5, 1989, 431A88 (State v. Whiteside)

Justice MITCHELL

dissenting.

Relying upon our decision in State v. Rorie, 252 N.C. 579, 114 S.E.2d 233 (1960), the majority concludes that the murder indict*409ment against this defendant in the form prescribed by N.C.G.S. § 15-144 is insufficient to support a verdict for assault, assault inflicting serious injury or assault with intent to kill.