State v. Mathis

WALKER, Judge.

Although defendant objects to the submission of the charge of voluntary manslaughter to the jury, alleging it to be unsupported by the evidence, he did not object to the instruction when it was given. In North Carolina, the general rule in this regard is that one must object to the instruction. when it is given and before the jury retires in order for the alleged error to be considered on appellate review. Failure to call the court’s attention to the alleged error, so that the court may have an opportunity to correct it, constitutes a waiver of such objection. Donavant v.…