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STATE v. OWENS

No. 8226SC563.

299 S.E.2d 258 (1983)

STATE of North Carolina v. Eric W. OWENS.

Court of Appeals of North Carolina.

January 18, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Grayson G. Kelley, Raleigh, for the State.

Paul J. Williams, Charlotte, for defendant-appellant.

ARNOLD, Judge.

Defendant contends that the trial court erred in refusing his request for an instruction on voluntary manslaughter. We agree.

Voluntary manslaughter is defined as the "unlawful killing of a human being without malice and without premeditation and deliberation." State v. Benge, 272 N.C. 261, 158 S.E.2d 70 (1967). A defendant may be guilty of voluntary manslaughter if he...

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