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STATE v. FOUST

No. 7615SC674.

232 S.E.2d 276 (1977)

STATE of North Carolina v. Theodore FOUST.

Court of Appeals of North Carolina.

February 2, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Special Deputy Atty. Gen. John R. B. Matthis and Associate Atty. Acie L. Ward, Raleigh, for the State.

R. Chase Raiford, P. A., Burlington, for defendant-appellant.

VAUGHN, Judge.

Defendant, in his first argument, contends that the State's evidence was insufficient to take the case to the jury. Defendant offered no evidence. Voluntary manslaughter is the unlawful killing of a person without malice and without premeditation. State v. Kea, 256 N.C. 492, 124 S.E.2d 174. The State's evidence tends to show the following:

Defendant lived with Belinda...

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