STATE v. MATHIS

No. 9122SC325.

413 S.E.2d 301 (1992)

105 N.C. App. 402

STATE of North Carolina v. Kevin Noah MATHIS.

Court of Appeals of North Carolina.

February 18, 1992.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Francis W. Crawley, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender Teresa A. McHugh, Raleigh, for defendant-appellant.


WALKER, Judge.

Although defendant objects to the submission of the charge of voluntary manslaughter to the jury, alleging it to be unsupported by the evidence, he did not object to the instruction when it was given. In North Carolina, the general rule in this regard is that one must object to the instruction when it is given and before the jury retires in order for the alleged error to be considered on appellate review. Failure to call the court's attention to the...

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