STATE v. ELLIS

No. 744SC1069.

212 S.E.2d 909 (1975)

25 N.C. App. 319

STATE of North Carolina v. Charles W. ELLIS.

Court of Appeals of North Carolina.

April 2, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Archie W. Anders, Raleigh, for the state.

Hamilton & Sandlin by Billy G. Sandlin, Jacksonville, for defendant appellant.


BRITT, Judge.

In his only assignment of error, defendant contends the trial court erred in its charge to the jury "with regard to proximate cause of the collision and resulting death". He argues that the challenged instruction improperly relaxed the State's burden of proof and allowed the jury to find defendant guilty of involuntary manslaughter even if they believed that the collision was caused by the concurring negligence of defendant and Cook. The argument is...

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