Court of Appeals of North Carolina, 1970

State v. Swann

State v. Swann
Court of Appeals of North Carolina · Decided July 15, 1970 · Britt, Brock, Hedrick
9 N.C. App. 18; 175 S.E.2d 382; 1970 N.C. App. LEXIS 1265

State v. Swann

Opinion of the Court

Brock, J.

Defendant’s sole assignment of error is that the trial judge instructed the jury that it might return a verdict of guilty of manslaughter. It is defendant’s argument that all of the evidence points to the crime of murder, and that the only controversy was whether defendant was the perpetrator. Under these circumstances defendant urges that it was error to submit the lesser offense of manslaughter to the jury.

Upon the authority of State v. Stephens, 244 N.C. 380, 93 S.E. 2d 431, this assignment of error is overruled.

No error.

Britt and Hedrick, JJ., concur.

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