STATE v. STINNETT

No. COA97-528.

497 S.E.2d 696 (1998)

STATE of North Carolina v. Carlos Dwayne STINNETT, Jr.

Court of Appeals of North Carolina.

April 7, 1998.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Special Deputy Attorney General Robert J. Blum, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Assistant Appellate Defender Janine Crawley Fodor, Durham, for defendant-appellant.


EAGLES, Judge.

We first consider whether the trial court erred by failing to instruct the jury on the lesser included offenses of second degree murder and assault with a deadly weapon inflicting serious injury. Defendant argues that there was evidence of second degree murder and assault with a deadly weapon inflicting serious injury, and the trial court should have instructed on these lesser included offenses. Defendant argues that certain facts in evidence negate...

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