State v. King

Court of Appeals of North Carolina

State v. King

182 S.E.2d 652, 12 N.C. App. 157, 1971 N.C. App. LEXIS 1311

CourtCourt of Appeals of North Carolina

DecidedAugust 4, 1971

DocketNo. 7121SC436

StatusPublished

This text of 182 S.E.2d 652 (State v. King) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. King, 182 S.E.2d 652, 12 N.C. App. 157, 1971 N.C. App. LEXIS 1311 (N.C. Ct. App. 1971).

Pincite

Opinion

BROCK, Judge.

Defendant’s court-appointed counsel has diligently preserved his exceptions, has assigned them as error and fully argued them upon appeal. However, we hold that defendant had a fair trial, free from prejudicial error.

The assignments of error relating to submitting to the jury the possible verdicts of second-degree murder and voluntary manslaughter are without merit. The jury found defendant guilty of involuntary manslaughter and there is no showing that the verdict of guilty of the lesser offense was affected by submitting the issues of the greater offenses. Therefore, if there was error, it was not prejudicial to submit the issues of the greater offenses. State v. Hearns, 9 N.C. App. 42, 175 S.E. 2d 376.

The remaining assignments of error are to the charge of the court to the jury. When read in context the charge fairly presents the case to the jury upon appropriate principles of law.

No error.

Chief Judge Mallard and Judge Vaughn concur.

Free access — add to your briefcase to read the full text and ask questions with AI