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STATE v. TIORAN

No. 8321SC147.

308 S.E.2d 659 (1983)

STATE of North Carolina v. Thomas Victor TIORAN.

Court of Appeals of North Carolina.

November 15, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R.B. Matthis and Asst. Atty. Gen. Philip A. Telfer, Raleigh, for the State.

Drum & Lefkowitz by Victor M. Lefkowitz, Winston-Salem, for defendant.

WELLS, Judge.

The principle question we decide in this appeal is whether a defendant charged with death by vehicle under G.S. § 20-141.41 may assert the intervening negligence of another as a defense. We answer that question in the affirmative and order a new trial.

In the case now before us, defendant requested the trial court to instruct the jury on intervening negligence. His request was refused. Defendant contends that...

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