STATE v. McLAURIN

No. 7914SC1162.

266 S.E.2d 406 (1980)

STATE of North Carolina v. Weatherspoon McLAURIN.

Court of Appeals of North Carolina.

May 20, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Francis W. Crawley, Raleigh, for the State.

Loflin, Loflin, Galloway & Acker by Thomas F. Loflin, III and James R. Acker, Durham, for defendant-appellant.


HILL, Judge.

Defendant first contends that the trial court erred in charging the jury that an intentional killing by means of a deadly weapon raises the inference that such a killing was unlawful and done with malice, even when self-defense is at issue. We find no error.

Defendant contends unlawfulness and malice could not be presumed from a finding of an intentional killing by means of a deadly weapon until after the jury had found the absence of self-defense...

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