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STATE v. JOHNSON

No. 8416SC429.

325 S.E.2d 253 (1985)

STATE of North Carolina v. Charles Adnell JOHNSON.

Court of Appeals of North Carolina.

February 5, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Evelyn M. Coman, Raleigh, for State.

Regan & Regan by Cabell J. Regan, Lumberton, for defendant-appellant.

WEBB, Judge.

The defendant first assigns error to the failure to dismiss the charge of manslaughter at the close of all the evidence. He argues, relying on State v. Markham, 5 N.C. App. 391, 168 S.E.2d 449 (1969), that there was not sufficient evidence of manslaughter to be considered by the jury. In Markham there was evidence the defendant

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