STATE v. MERCADO

No. 8412SC219.

325 S.E.2d 313 (1985)

STATE of North Carolina v. Luis MERCADO.

Court of Appeals of North Carolina.

February 5, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Roy A. Giles, Jr., Raleigh, for State.

James R. Parish, Fayetteville, for defendant-appellant.


ARNOLD, Judge.

The question presented by this appeal is whether, as defendant contends, the court erred in submitting involuntary manslaughter as a possible verdict, because there was no evidence presented to support its submission. It was error and defendant's conviction must be reversed.

"Involuntary manslaughter is the unintentional killing of a human being without malice, proximately caused by (1) an unlawful act not amounting to a felony nor naturally...

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