STATE v. McKENZIE

No. 7620SC18.

225 S.E.2d 151 (1976)

29 N.C. App. 524

STATE of North Carolina v. Johnny Blue McKENZIE.

Court of Appeals of North Carolina.

June 2, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Jesse C. Brake, Raleigh, for the State.

Dock G. Smith, Jr., Robbins, for defendant-appellant.


HEDRICK, Judge.

The defendant assigns as error the denial of his motions for judgment as of nonsuit as to the charge of involuntary manslaughter. Evidence for the State tends to show the following:

The defendant was driving north along State Road No. 1209 at about 9:45 p.m., 11 July 1975, when he struck and killed the deceased who had been riding his bicycle, also going north, on the right side of the road. The road approaching from the south curves uphill...

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