STATE v. BEST

No. 859SC1041.

340 S.E.2d 524 (1986)

STATE of North Carolina v. James Benjamin BEST.

Court of Appeals of North Carolina.

March 18, 1986.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Special Deputy Atty. Gen. Jo Anne Sanford, Raleigh, for the State.

Asst. Appellate Defender Leland Q. Towns, Raleigh, for defendant, appellant.


HEDRICK, Chief Judge.

The sole issue presented for review is whether the court erred in failing to submit voluntary manslaughter as a possible verdict. Defendant contends that this evidence supported submission of voluntary manslaughter on three theories: (1) that defendant killed Obie in the heat of passion brought on by adequate provocation; (2) that defendant's evidence showed that he did not intend to kill the deceased but merely to scare him off; and (3) that...

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