State v. Murrell
State v. Murrell
Opinion of the Court
The only assignment of error brought forward and argued in defendant’s brief relates to the judgment imposed. Defendant contends that the maximum prison sentence permissible for involuntary manslaughter is two years and cites State v. Spencer, 276 N.C. 535, 173 S.E. 2d 765 (1970). There is no merit in this contention.
Defendant recognizes the court’s holdings in State v. Dunn, 208 N.C. 333, 180 S.E. 708 (1935), State v. Blackmon, 260 N.C. 352, 132 S.E. 2d 880 (1963) and State v. Adams, 266 N.C. 406, 146 S.E. 2d 505 (1966) to the effect that involuntary manslaughter is a felony and punishable under G.S. 14-2 which permits a maximum prison sentence' of 10 years. However, defendant argues that State v. Spencer, supra, overruled those cases. We reject this argument.
Furthermore, in State v. Stimpson, 279 N.C. 716, 185 S.E. 2d 168 (1971), in an opinion by Chief Justice Bobbitt decided after Spencer, the court restated' “that the maximum lawful term of imprisonment for involuntary manslaughter is 10 years.”
The judgment appealed from is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.