STATE v. SPENCER

No. 752SC435.

219 S.E.2d 231 (1975)

27 N.C. App. 301

STATE of North Carolina v. Lesley SPENCER.

Court of Appeals of North Carolina.

November 5, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Roy A. Giles, Jr., for the State.

Carter & Archie by W. B. Carter, Jr., Washington, for defendant appellant.


HEDRICK, Judge.

The defendant assigns as error the denial of his motion for judgment as of nonsuit. Obviously, the State tried defendant for manslaughter on the theory that defendant aided and abetted his brother in an unlawful killing of Ward. To prove its case against defendant, the State had to prove that defendant's brother, Respass, was guilty of manslaughter and also had to prove that defendant aided or abetted him in that unlawful killing.

Manslaughter...

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