STATE v. SPENCER

No. 742SC134.

204 S.E.2d 552 (1974)

21 N.C. App. 445

STATE of North Carolina v. Lesley SPENCER.

Court of Appeals of North Carolina.

May 1, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. E. Thomas Maddox, Jr., Raleigh, for the State.

McMullan, Knott & Carter by W. B. Carter, Jr., Washington, for defendant-appellant.


BALEY, Judge.

The State contends that Harvey Ward was shot and killed by defendant's brother, Respess Spencer, and that defendant aided and abetted in the killing. Defendant could not be convicted as an aider and abettor, however, unless the jury first found that Respess Spencer was guilty of murder or manslaughter. Defendant contends (and his evidence tends to show) that Respess Spencer could not be guilty, because when he shot Harvey Ward he did so to protect defendant...

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