STATE v. GOINS

No. 7427SC706.

211 S.E.2d 481 (1975)

24 N.C. App. 468

STATE of North Carolina v. John Calvin GOINS.

Court of Appeals of North Carolina.

February 5, 1975.


Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr. by Asst. Atty. Gen. Roy A. Giles, Jr., Raleigh, for the State.

C. E. Leatherman, Lincolnton, for defendant appellant.


PARKER, Judge.

Defendant assigns error to the denial of his motion for nonsuit on the charge of second-degree murder, contending that the evidence was insufficient to support a reasonable inference that the killing was done with malice, express or implied. Specifically, defendant argues that the evidence was insufficient to show that the killing resulted from an intentional use of a deadly weapon such as to give rise to a presumption of malice and that there was no...

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