STATE v. CAMPBELL

No. 7912SC166.

256 S.E.2d 526 (1979)

42 N.C. App. 361

STATE of North Carolina v. James Ervin CAMPBELL.

Court of Appeals of North Carolina.

July 17, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Special Deputy Atty. Gen. W. A. Raney, Jr., Raleigh, for the State.

James R. Parish, Asst. Public Defender, Twelfth Judicial District, Fayetteville, for defendant-appellant.


MITCHELL, Judge.

The defendant assigns as error the trial court's denial of his motion to dismiss at the close of all of the evidence. In support of this assignment, the defendant contends that the State failed to introduce sufficient evidence, either of malice or that the killing was voluntary, to justify submitting the case to the jury on the charge of second degree murder. We do not agree.

The evidence introduced by the State tended to show that the armed...

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