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STATE v. JOHNSON

No. 8420SC56.

322 S.E.2d 810 (1984)

STATE of North Carolina v. Bruce Edward JOHNSON.

Court of Appeals of North Carolina.

December 4, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen., David S. Crump, Raleigh, for the State.

Pollock, Fullenwider, Cunningham & Patterson by Bruce T. Cunningham, Jr., Southern Pines, for defendant-appellant.

ARNOLD, Judge.

The defendant contends that the trial judge erred in failing to submit the issue of involuntary manslaughter to the jury. The trial judge instructed the jury only on the charge of second degree murder. Second degree murder is an unlawful killing done without premeditation or deliberation, but with malice. See State v. Foust, 258 N.C. 453, 458, 128 S...

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