No. 27.

185 S.E.2d 129 (1971)

279 N.C. 676

STATE of North Carolina v. Albert Lee WRENN.

Supreme Court of North Carolina.

December 15, 1971.

Attorney(s) appearing for the Case

Wallace C. Harrelson, Public Defender, Eighteenth Judicial District, for defendant appellant.

Robert Morgan, Atty. Gen., Sidney S. Eagles, Jr., Asst. Atty. Gen., Russell G. Walker, Jr., Staff Atty., Raleigh, for the State.

HUSKINS, Justice:

Defendant assigns as error the failure of the trial court to submit manslaughter as a permissible verdict.

Where, under the bill of indictment, it is permissible to convict defendant of a lesser degree of the crime charged, and there is evidence to support a milder verdict, defendant is entitled to have the different permissible verdicts arising on the evidence presented to the jury under proper instructions. State v. Keaton, 206 N.C. 682...


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