STATE v. LACKEY

No. 8322SC1276.

323 S.E.2d 32 (1984)

STATE of North Carolina v. William D. LACKEY.

Court of Appeals of North Carolina.

December 4, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Archie W. Anders and Thomas B. Wood, Asst. Attys. Gen., Raleigh, for the State.

Robert M. Brady, Lenoir, for defendant-appellant.


PHILLIPS, Judge.

Defendant contends that the trial court erred in failing to grant his request to charge the jury on the misdemeanor offense of death by vehicle. We agree and a new trial is necessary. Death by vehicle under G.S. 20-141.4(a), which applied when these events occurred but has been revised since then as G.S. 20-141.4(a2), is a lesser included offense of the common law felony of involuntary manslaughter, made punishable by G.S. 14-18. The distinction is...

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