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STATE v. GORDON

No. 722.

85 S.E.2d 322 (1955)

241 N.C. 356

STATE v. Marion GORDON.

Supreme Court of North Carolina.

January 14, 1955.

Attorney(s) appearing for the Case

Atty. Gen. Harry McMullan and Asst. Atty. Gen. Claude L. Love for the State.

Buford T. Henderson, Winston-Salem, for defendant, appellant.

BOBBITT, Justice.

When the killing with a deadly weapon is admitted or established, two presumptions arise: (1) that the killing was unlawful; (2) that it was done with malice; and an unlawful killing with malice is murder in the second degree. In State v. Gregory, 203 N.C. 528, 166 S.E. 387, where the defense was that an accidental discharge of the shotgun caused the death of the deceased, it was stated that the presumptions arise only when there is an

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