STATE v. McGEE

No. 8025SC83.

267 S.E.2d 67 (1980)

47 N.C. App. 280

STATE of North Carolina v. Carl Edward McGEE.

Court of Appeals of North Carolina.

June 17, 1980.


Attorney(s) appearing for the Case

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

Byrd, Byrd, Ervin, Blanton & Whisnant by Robert B. Byrd and Joseph K. Byrd, Morganton, for defendant-appellant.


HARRY C. MARTIN, Judge.

Defendant argues four assignments of error. After a careful consideration of the record, briefs and oral arguments of counsel, we find no error in defendant's trial.

First, defendant contends the bill for murder in the second degree should be quashed because it does not contain the word "aforethought," modifying malice. The offense of murder in the second degree requires malice as an element, but not malice aforethought. "Aforethought...

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