STATE v. LINDSAY

No. 798SC797.

263 S.E.2d 364 (1980)

STATE of North Carolina v. Howard P. LINDSAY.

Court of Appeals of North Carolina.

March 4, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Christopher P. Brewer, Raleigh, for the State.

Hulse & Hulse by Herbert B. Hulse, Goldsboro, for defendant-appellant.


ARNOLD, Judge.

Defendant contends that he was entitled to have his motions for dismissal granted. We need not consider whether defendant was entitled to dismissal of the charge of second degree murder, since the jury did not find him guilty of that crime. However, we do consider the merits of his contention with regard to the lesser offenses of voluntary and involuntary manslaughter.

A motion to dismiss and a motion for nonsuit are equivalent. See G.S. 15...

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