STATE v. WILLOUGHBY

No. 8111SC931.

294 S.E.2d 407 (1982)

STATE of North Carolina v. Paul WILLOUGHBY, Jr.

Court of Appeals of North Carolina.

September 7, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Edmisten by Asst. Atty. Gen. Richard L. Griffin, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defenders Malcolm R. Hunter, Jr., and Lorinzo Joyner, Raleigh, for defendant-appellant.


WEBB, Judge.

The defendant's first assignment of error is to the court's failure to submit a charge of involuntary manslaughter to the jury in addition to the charge of second degree murder. The defendant contends that his own evidence shows he invited the deceased into the water and refused to help him when the defendant saw he was drowning. The defendant argues that under this evidence, he had a duty to help Mr. Denning and his failure to do so was culpable negligence...

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