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STATE v. HAITH

No. 8018SC105

269 S.E.2d 205 (1980)

48 N.C. App. 319

STATE of North Carolina v. James Barry HAITH.

Court of Appeals of North Carolina.

August 19, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Charles J. Murray, Raleigh, for the State.

Public Defender Wallace C. Harrelson, Greensboro, for defendant-appellant.

CLARK, Judge.

Defendant's first assignment of error is that the court erred in failing to charge the jury that they could find the defendant guilty of involuntary manslaughter. In State v. Wrenn, 279 N.C. 676, 681, 185 S.E.2d 129, 132 (1971), Mr. Justice Huskins, writing for the Court, explained:

"Where, under the bill of indictment, it is permissible to convict defendant of a lesser...

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