STATE v. WILLIAMS

No. 651.

71 S.E.2d 138 (1952)

235 N.C. 752

STATE v. WILLIAMS.

Supreme Court of North Carolina.

June 11, 1952.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen. and T. W. Bruton, Asst. Atty. Gen., and Robert B. Broughton, Member of Staff, Raleigh for the State.

Gold, McAnally & Gold, High Point, for defendant appellant.


VALENTINE, Justice.

On defendant's own statement, he voluntarily entered into an affray with the deceased, in the course of which deceased was fatally wounded. No element of selfdefense is made to appear. Therefore, on his own statement, defendant is at least guilty of manslaughter. He contends, however, that he should not have been convicted of murder in the second degree and that the jury was led to render that verdict by the failure of the trial judge to give due...

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