State v. Wynn

Court of Appeals of North Carolina

State v. Wynn

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

CourtCourt of Appeals of North Carolina

DecidedMay 7, 1975

Docket7516SC130

StatusPublished

Cited by3 cases

This text of 214 S.E.2d 274 (State v. Wynn) 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. Wynn, 214 S.E.2d 274, 25 N.C. App. 625, 1975 N.C. App. LEXIS 2343 (N.C. Ct. App. 1975).

Pincite

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.

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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.

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Bluebook (online)

214 S.E.2d 274, 25 N.C. App. 625, 1975 N.C. App. LEXIS 2343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wynn-ncctapp-1975.

Opinion

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