State v. Wynn

214 S.E.2d 274, 25 N.C. App. 625, 1975 N.C. App. LEXIS 2343

Opinion

BROCK, Chief Judge.

Defendant’s three assignments of error raise one issue for our resolution: Did the trial court err in failing to dismiss the charge of second degree murder? We point out that defendant was convicted of voluntary manslaughter and conclude that his conviction of a lesser charge rendered harmless the submission of the greater charge to the jury, at least absent some showing that the verdict of guilty of the lesser offense was affected thereby. State v. Sallie, 13 N.C. App. 499, at 508, 186 S.E. 2d 667, at 672-673 (1972), cert. denied, 281 N.C. 316 (1972) ; State v. Casper, 256 N.C. 99, 122 S.E. 2d 805 (1961). Defendant has made no showing that his conviction was affected in any way by the jury’s consideration of his possible guilt of the more serious charge.

No error.

Judges Parker and Arnold concur.