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STATE v. HOLSCLAW

No. 7914SC339.

257 S.E.2d 650 (1979)

42 N.C. App. 696

STATE of North Carolina v. Marcus Warren HOLSCLAW, Jr.

Court of Appeals of North Carolina.

September 4, 1979.

Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Asst. Atty. Gen., Joan H. Byers, Raleigh, for the State.

Eric C. Michaux and Robert Brown, Jr., Durham, for defendant-appellant.

VAUGHN, Judge.

Two assignments of error are brought forward by the defendant on the trial judge's instruction to the jury. Both deal with the issue of proximate cause. We find no merit in these arguments.

"Proximate cause is an element of second degree murder and manslaughter." State v. Sherrill, 28 N.C. App. 311, 313, 220 S.E.2d 822, 824 (1976). The acts of the defendant...

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