STATE v. OXENDINE

No. 133.

268 S.E.2d 212 (1980)

300 N.C. 720

STATE of North Carolina v. Carl OXENDINE.

Supreme Court of North Carolina.

July 15, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas H. Davis, Jr., Raleigh, for the State.

Moses, Diehl & Pate by Philip A. Diehl, Raeford, for defendant-appellant.


BRITT, Justice.

Defendant contends first that the trial court erred in refusing to submit the lesser included offense of involuntary manslaughter as an alternative verdict. We find no merit in this contention.

The principle of law applicable to this contention is well stated by Justice Exum writing for the court in State v. Wilkerson, 295 N.C. 559, 579-78,

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