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STATE v. CATES

No. 14.

238 S.E.2d 465 (1977)

293 N.C. 462

STATE of North Carolina v. Roy Lee CATES.

Supreme Court of North Carolina.

November 11, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten and Asst. Atty. Gen. James E. Magner, Jr., Raleigh, for the State.

Clayton, Myrick & Oettinger, Norman E. Williams and Kenneth B. Oettinger, Durham, for defendant appellant.

MOORE, Justice.

The trial judge instructed the jury that they could return one of three verdicts: murder in the first degree, murder in the second degree or not guilty. Defendant contends the trial judge should have submitted the lesser included offenses of voluntary manslaughter and involuntary manslaughter.

Murder in the first degree is the unlawful killing of a human being with malice and with premeditation and deliberation. State v. Davis,

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