STATE v. LOTHARP

Assault — deadly weapon — disjunctive instruction

The Court of Appeals decision granting defendant a new trial on a charge of assault with a deadly weapon inflicting serious injury is reversed for the reason stated in the dissenting opinion that defendant was not denied a unanimous verdict by the trial court's instruction permitting the jury to return a guilty verdict if it found beyond a reasonable doubt that defendant intentionally beat the victim with his hands and feet and/or with a chain and that defendant's hands and feet and/or the chain were deadly weapons that inflicted serious injury.

PER CURIAM.

The decision of the Court of Appeals is reversed for the reasons stated in the dissenting opinion.

REVERSED.