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STATE v. CARTER

No. 7511SC22.

214 S.E.2d 611 (1975)

STATE of North Carolina v. James Emanuel CARTER.

Court of Appeals of North Carolina.

May 21, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Robert G. Webb, Raleigh, for the State.

T. Yates Dobson, Jr., Smithfield, for defendant appellant.

VAUGHN, Judge.

Defendant contends that the court erred in failing to submit and instruct the jury on the lesser included offense of involuntary manslaughter.

"`Involuntary manslaughter is the unlawful killing of a human being, unintentionally and without malice, proximately resulting from the commission of an unlawful act not amounting to a felony, or resulting from some act done in an unlawful or culpably negligent manner, when fatal consequences were not...

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