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STATE v. STANLEY

No. 9216SC19.

429 S.E.2d 349 (1993)

110 N.C. App. 87

STATE of North Carolina v. Ronald Donnell STANLEY.

Court of Appeals of North Carolina.

May 4, 1993.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Robin W. Smith, Raleigh, for the State.

Public Defender Angus B. Thompson by Asst. Public Defender Gayla Graham Biggs, Lumberton, for defendant-appellant.

ARNOLD, Chief Judge.

Second degree murder is the "unlawful killing of a human being with malice." State v. Rogers, 299 N.C. 597, 603, 264 S.E.2d 89, 93 (1980). There was some evidence that defendant acted in self defense, but there was also ample evidence that defendant was the aggressor, and that he unlawfully killed the victim.

The State also presented evidence of malice. "Malice...

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