STATE v. McMILLAN

No. COA10-1419.

718 S.E.2d 640 (2011)

STATE of North Carolina v. Anthony McMILLAN.

Court of Appeals of North Carolina.

August 2, 2011.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Special Deputy Attorney General Danielle Marquis Elder , for the State.

William D. Spence , Kinston, for defendant-appellant.


STEELMAN, Judge.

Evidence that defendant "had words" with one of the deceased was not sufficient to negate the malice supporting his conviction for second-degree murder, nor was it sufficient to require a jury instruction on voluntary manslaughter in the two murder cases. The temporal sequence of the taking and the use of a firearm did not negate defendant's conviction for armed robbery that was the basis of his first-degree felony murder conviction. Where constitutional...

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