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STATE v. HOLLINGSWORTH

No. 8426SC1109.

334 S.E.2d 463 (1985)

STATE of North Carolina v. Kenneth Randall HOLLINGSWORTH.

Court of Appeals of North Carolina.

October 1, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Fred R. Gamin, Raleigh, for the State.

Flanary & Davies by Kenneth T. Davies, Charlotte, for defendant.

WELLS, Judge.

I.

Defendant's first arguments concern the trial court's failure to instruct the jury on the negligence of Brian Lee Keel, Michael Wayne McCarty and Jerry L. Pew.

Contributory negligence is no defense in a criminal action. However, in a case in which defendant is charged with manslaughter by reason of his alleged culpable negligence, the negligence of a person fatally injured, or of a third person, is relevant and material on the question...

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