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STATE v. PARKS

No. 785SC1131.

255 S.E.2d 216 (1979)

41 N.C. App. 514

STATE of North Carolina v. David Norman PARKS.

Court of Appeals of North Carolina.

June 5, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James E. Magner, Jr., Raleigh, for the State.

William K. Rhodes, Jr., Wilmington, for defendant-appellant.

CLARK, Judge.

The victim, Deborah Parks, was killed about 1:30 p.m. on Sunday, 4 September 1977, in her mobile home where she lived with her husband, the defendant. Only the two of them were present when the fatal shot was fired. The State contends that defendant intentionally shot his wife. Defendant contends that the fatal shot was fired accidentally by him while cleaning his rifle. The State's theory is that on this Sunday afternoon about 1:15 p.m. she took five...

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