STATE v. GREENE

No. 254A84.

336 S.E.2d 87 (1985)

STATE of North Carolina v. James Ernest GREENE.

Supreme Court of North Carolina.

November 5, 1985.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Charles M. Hensey, Asst. Atty. Gen., Lenoir, for the state.

Wilson & Palmer by W.C. Palmer, Raleigh, for defendant.


MARTIN, Justice.

The sole issue in this appeal is whether involuntary manslaughter is a lesser included offense of murder in the second degree. Concluding that it is, we affirm the decision of the Court of Appeals.

A brief summary of the evidence is sufficient: After drinking beer and hanging out at the Country Boys night spot, defendant and David Whistine had a fistfight. Both apparently were wearing brass knuckles. Defendant testified that as he was leaving...

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