STATE v. BLUE

No. 9312SC816.

443 S.E.2d 748 (1994)

STATE of North Carolina v. Dan Lemar BLUE.

Court of Appeals of North Carolina.

June 7, 1994.


Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. P. Bly Hall, Raleigh, for the State.

Parish, Cooke & Russ by James R. Parish, Fayetteville, for defendant-appellant.


WELLS, Judge.

Pursuant to one of his assignments of error, defendant contends that the trial court erred in submitting to the jury second degree murder as a possible verdict because there was no evidence to support such a charge.

After the jury verdicts were returned, in the beginning stages of the charge conference, the trial judge stated that on the murder indictment, he would submit verdicts of guilty of first degree murder, or guilty of second degree murder...

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