STATE v. HARRINGTON

No. 124.

210 S.E.2d 424 (1974)

286 N.C. 327

STATE of North Carolina v. James Bobby HARRINGTON.

Supreme Court of North Carolina.

December 30, 1974.


Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr., and Asst. Attys. Gen. James E. Magner, Jr. and Claude W. Harris, Raleigh, for the State.

Philip A. Baddour, Jr., Goldsboro, for defendant.


BOBBITT, Chief Justice.

The only question is whether there was evidence sufficient to require submission of guilty of involuntary manslaughter as a permissible verdict. The answer is provided by application of the well settled legal principles stated below.

"The necessity for instructing the jury as to an included crime of lesser degree than that charged arises when and only when there is evidence from which the jury could find that such included crime of...

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