State v. Wiggins

Supreme Court of North Carolina

State v. Wiggins

61 S.E.2d 611, 232 N.C. 619, 1950 N.C. LEXIS 582

DecidedNovember 8, 1950

StatusPublished

This text of 61 S.E.2d 611 (State v. Wiggins) is published on Counsel Stack Legal Research, covering Supreme Court 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. Wiggins, 61 S.E.2d 611, 232 N.C. 619, 1950 N.C. LEXIS 582 (N.C. 1950).

Pincite

Opinion

DeviN, J.

The court submitted the case to the jury only on the theory of culpable negligence proximately resulting in the death of deceased. There was sufficient evidence to warrant finding the defendant guilty of involuntary manslaughter. S. v. Williams, 231 N.C. 214, 56 S.E. 2d 574; S. v. Blankenship, 229 N.C. 589, 50 S.E. 2d 724; S. v. Scoggins, 225 N.C. 71, 33 S.E. 2d 473; S. v. Rountree, 181 N.C. 535, 106 S.E. 669. The court stated the evidence, the contentions of the parties and the law arising thereon to the jury in a charge free from error.

The defendant noted exception to certain portions of the charge, but. in her brief has presented to us only the question of nonsuit on the ground that the evidence showed nothing more than death by accident or misadventure. Hence the other exceptions are deemed abandoned. Rule 28. The motion for judgment of nonsuit was properly denied. In the trial we find

No error.

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DeviN, J.

The court submitted the case to the jury only on the theory of culpable negligence proximately resulting in the death of deceased. There was sufficient evidence to warrant finding the defendant guilty of involuntary manslaughter. S. v. Williams, 231 N.C. 214, 56 S.E. 2d 574; S. v. Blankenship, 229 N.C. 589, 50 S.E. 2d 724; S. v. Scoggins, 225 N.C. 71, 33 S.E. 2d 473; S. v. Rountree, 181 N.C. 535, 106 S.E. 669. The court stated the evidence, the contentions of the parties and the law arising thereon to the jury in a charge free from error.

The defendant noted exception to certain portions of the charge, but. in her brief has presented to us only the question of nonsuit on the ground that the evidence showed nothing more than death by accident or misadventure. Hence the other exceptions are deemed abandoned. Rule 28. The motion for judgment of nonsuit was properly denied. In the trial we find

No error.

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Bluebook (online)

61 S.E.2d 611, 232 N.C. 619, 1950 N.C. LEXIS 582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wiggins-nc-1950.

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