STATE v. THOMPSON

No. 7817SC236.

246 S.E.2d 81 (1978)

37 N.C. App. 444

STATE of North Carolina v. James L. THOMPSON.

Court of Appeals of North Carolina.

August 1, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Henry H. Burgwyn, Raleigh, for the State.

Renn Drum, Winston-Salem, for defendant-appellant.


HEDRICK, Judge.

The defendant first assigns as error the trial judge's instruction distinguishing involuntary manslaughter from the lesser-included offense of death by vehicle. In his brief the defendant contends that the following portion of the trial judge's charge was in error: "Now death by a vehicle differs from involuntary manslaughter in that the State need not prove that the defendant's violation of any safety statute was done intentionally or recklessly....

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