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STATE v. COLLINS

No. 7719SC760.

241 S.E.2d 133 (1978)

35 N.C. App. 242

STATE of North Carolina v. Lawrence Fredrick COLLINS, Jr.

Court of Appeals of North Carolina.

February 7, 1978.

Attorney(s) appearing for the Case

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

Gray & Whitley by J. Stephen Gray, Salisbury, Weeks, Muse & Surles by Cameron S. Weeks and T. Chandler Muse, Tarboro, for defendant-appellant.

HEDRICK, Judge.

Defendant first assigns as error the trial court's denial of his motion for judgment as of nonsuit. The defendant was convicted of involuntary manslaughter. Involuntary manslaughter is the unintentional killing of a human being caused by the defendant's culpable negligence. State v. Moore, 275 N.C. 198, 166 S.E.2d 652 (1969). Our Supreme Court has recognized that

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