STATE v. WILLIAMS

No. 134.

184 S.E.2d 875 (1971)

280 N.C. 132

STATE of North Carolina v. Robert WILLIAMS, Jr.

Supreme Court of North Carolina.

December 15, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Myron C. Banks for the State.

Winston, Coleman & Bernholz, by Barry T. Winston, Chapel Hill, for defendant.


BRANCH, Justice.

All of defendant's assignments of error are directed to the charge.

Defendant contends that the court erred in instructing the jury as to second degree murder and manslaughter. In this connection, the trial judge instructed the jury:

There is no evidence of malice in this case other than the presumption if you find from the evidence beyond a reasonable doubt that the Defendant intentionally...

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