STATE v. BARRETT

No. 733SC796.

201 S.E.2d 553 (1974)

20 N.C. App. 419

STATE of North Carolina v. Billy Charles BARRETT.

Court of Appeals of North Carolina.

Certiorari Denied March 5, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Roy A. Giles, Jr., Asst. Atty. Gen., Raleigh, for the State.

Richard Powell, Greenville, and Samuel S. Mitchell, Raleigh, for defendant appellant.


Certiorari Denied by Supreme Court March 5, 1974.

VAUGHN, Judge.

Defendant contends that "the trial court committed prejudicial and reversible error by failing to grant defendant's motions for . . . nonsuit." The use of a deadly weapon in a homicide raises a presumption of malice which renders the killing at least murder in the second degree. State v. Cagle, 209 N.C. 114, 182 S.E. 697; State v. Johnson, 184 N.C. 637, 113 S.E. 617. This presumption is sufficient...

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