STATE v. CHERRY

No. 37.

283 S.E.2d 494 (1981)

STATE of North Carolina v. Ricky Manford CHERRY.

Supreme Court of North Carolina.

November 3, 1981.


Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Associate Atty. Gen., Lisa Shepherd, Raleigh, for the State.

Gaylord, Singleton & McNally by L. W. Gaylord, Jr. and Vernon G. Snyder, III, Greensboro, and Gurganus & Bowen by Edgar J. Gurganus, Williamston, for defendant.


PER CURIAM.

Defendant was indicted for first degree murder. He was convicted of involuntary manslaughter. In brief, the evidence tended to show that, on 4 January 1980, defendant had been drinking intoxicants with David Edmondson during most of the day. Later that evening, defendant, with Edmondson and two other companions, drove to Bobby Wynne's trailer to get some "hash." A loaded rifle, with the hammer forward, was on the floor of the car beside defendant. Upon...

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