STATE v. HIGGS

No. 799SC34.

256 S.E.2d 824 (1979)

42 N.C. App. 501

STATE of North Carolina v. Sanford William HIGGS.

Court of Appeals of North Carolina.

July 31, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Christopher P. Brewer, Raleigh, for the State.

Burke & King by Ronnie P. King, for defendant-appellant.


WEBB, Judge.

We reverse the superior court for failing to submit to the jury the charge of voluntary manslaughter. A defendant is entitled to have the different permissible verdicts arising on the evidence presented to the jury under proper instructions. The necessity for instructing the jury as to an included crime of lesser degree then that charged arises when and only when there is evidence from which the jury could find that such crime of lesser degree was committed...

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