STATE v. HANCOCK

No. 7522SC702.

220 S.E.2d 167 (1975)

28 N.C. App. 149

STATE of North Carolina v. Billy Lee HANCOCK.

Court of Appeals of North Carolina.

Certiorari Denied and Appeal Dismissed February 3, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James E. Magner, Jr., Raleigh, for the State.

Charles F. Lambeth, Jr., Thomasville, for defendant-appellant.


Certiorari Denied and Appeal Dismissed by Supreme Court February 3, 1976.

HEDRICK, Judge.

The defendant assigns as error the trial court's failure to submit involuntary manslaughter as a permissible verdict. The defendant contends that his statement, "I thought the gun was empty", particularly when coupled with other evidence in this case, is sufficient to require the question of involuntary manslaughter to be presented to the jury.

"Where, under the...

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