STATE v. MILLER

No. 742.

158 S.E.2d 47 (1967)

272 N.C. 243

STATE of North Carolina v. Wilson MILLER.

Supreme Court of North Carolina.

December 13, 1967.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Harry W. McGalliard, Deputy Atty. Gen., for the State.

Blackwell M. Brogden, Durham, for defendant appellant.


HIGGINS, Justice.

Defense counsel, in the brief and in the oral argument, has insisted the trial court committed prejudicial error by permitting the Solicitor to place the defendant on trial for murder in the second degree, after having placed in the record the announcement he would ask for a verdict of guilty of manslaughter only. Had the jury convicted the defendant of murder in the second degree, as it might have under the Court's charge, a grave question would...

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