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STATE v. SMITH

No. 7818SC361.

249 S.E.2d 466 (1978)

39 N.C. App. 11

STATE of North Carolina v. Charles James SMITH.

Court of Appeals of North Carolina.

December 5, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Joan H. Byers and Associate Atty. T. Michael Todd, Raleigh, for the State.

Norman B. Smith, Smith, Patterson, Follin, Curtis, James & Harkavy, Greensboro, for defendant-appellant.

ERWIN, Judge.

The defendant brings forward twelve questions on appeal and contends that if error is found in any of them, the defendant is entitled to a new trial. We find no reversible error for the reasons that follow.

The first question reads:

"I. Did the superior court commit prejudicial and reversible error in failing to submit to the jury the lesser included offense of involuntary manslaughter?"

Involuntary manslaughter is the unintentional...

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