STATE v. GRAVES

No. 7517SC846.

221 S.E.2d 711 (1976)

28 N.C. App. 500

STATE of North Carolina v. Howard D. GRAVES.

Court of Appeals of North Carolina.

February 4, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Associate Atty. Joan H. Byers, Raleigh, for the State.

Gwyn, Gwyn & Morgan, by Melzer A. Morgan, Jr., Reidsville, for defendant appellant.


ARNOLD, Judge.

Defendant assigns as error the failure of the court to instruct the jury on involuntary manslaughter as a possible verdict. He contends that the evidence raised the offense of involuntary manslaughter. There is merit in this contention.

Involuntary manslaughter has been defined as "the unlawful killing . . . without malice, without premeditation and deliberation, and without intention to kill or inflict serious bodily injury." See State v...

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