STATE v. SPINKS

No. 7818SC880.

250 S.E.2d 90 (1979)

39 N.C. App. 340

STATE of North Carolina v. May Frances SPINKS.

Court of Appeals of North Carolina.

January 2, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Thomas H. Davis, Jr., Raleigh, for the State.

Anne B. Lupton, Greensboro, for defendant-appellant.


ARNOLD, Judge.

The defendant assigns error to the judge's charge on involuntary manslaughter, arguing that the effect of the charge was to direct the jury to find her guilty of involuntary manslaughter. After instructing the jury on second-degree murder, voluntary manslaughter, and self-defense, the judge charged:

If you do not find the defendant guilty of second degree murder or voluntary manslaughter, you would then consider whether or not she would be...

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