STATE v. HUDSON

No. COA95-271.

473 S.E.2d 415 (1996)

STATE of North Carolina, v. Keith Eric HUDSON, Defendant.

Court of Appeals of North Carolina.

August 6, 1996.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Assistant Attorneys General Joseph P. Dugdale, Robert T. Hargett and Linda Fox, Raleigh, for the State.

Theo X. Nixon, Charlotte, for defendant-appellant.


JOHN, Judge.

Defendant appeals convictions of three counts of involuntary manslaughter based upon violation of N.C. Gen.Stat. § 75A-10, "Operating boat ... while intoxicated...." (DWI boating). He contends the trial court erred in numerous respects, including its failure to submit DWI boating to the jury as a lesser included offense. We find this argument persuasive and award defendant a new trial.

The State's evidence at trial tended to show that on...

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