STATE v. JOHNSON

No. 7021SC362.

174 S.E.2d 626 (1970)

STATE of North Carolina v. Marvin JOHNSON.

Court of Appeals of North Carolina.

June 24, 1970.


Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen. by Dale Shepherd, Staff Atty., Raleigh, for the State.

J. Clifton Harper, Winston-Salem, for defendant appellant.


GRAHAM, Judge.

Defendant, through his court appointed counsel, has brought forth two assignments of error. In his first assignment of error he questions the failure of the trial judge to instruct the jury that they could return a verdict of guilty of involuntary manslaughter.

Only the State offered evidence, and it tended to show that on the night of 28 September 1969 defendant and deceased, while drinking at the home where deceased resided, got into an argument...

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