STATE v. LUTHER

No. 73.

206 S.E.2d 238 (1974)

285 N.C. 570

STATE of North Carolina v. James Ellis LUTHER.

Supreme Court of North Carolina.

July 1, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Associate Atty. C. Diederich Heidgerd, Raleigh, for the State.

Seawell, Pollock, Fullenwider, Van Camp & Robbins, P. Wayne Robbins, Southern Pines, for defendant appellant.


SHARP, Justice:

Defendant's appeal presents one question: Considering all the evidence favorable to the State as true, is it sufficient to establish a causal relation between McKenzie's death and the assault which defendant made upon him with the iron pipe? G.S. §§ 15-173, 15-173.1 (1973 Cum. Supp.).

A person is criminally responsible for a homicide only if his act caused or directly contributed to the death. 40 Am. Jur.2d, Homicide §§...

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