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STATE v. FOWLER

No. 333.

150 S.E.2d 731 (1966)

268 N.C. 430

STATE v. Warner FOWLER, Alias Johnny Ringo Graham.

Supreme Court of North Carolina.

November 2, 1966.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. James F. Bullock, and Asst. Atty. Gen. Millard R. Rich, Jr., for the State.

Herbert B. Hulse and W. Harrell Everett, Jr., Goldsboro, for defendant.

BRANCH, Justice.

Defendant contends and attempts to show by his evidence that the killing was accidental. He assigns as error that portion of the judge's charge as to accidental killing, in which the court stated:

"And if a defendant who has intentionally killed another with a deadly weapon would rebut the presumption arising from such showing or admission, he must establish to the satisfaction of the jury the...

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