State v. Cason

WEBB, Judge.

All the evidence shows the defendant intentionally shot James Edward Sturdivant thereby causing his death. The defendant relied on self-defense for an acquittal. There was no evidence that the defendant accidentally shot James Sturdivant, and it was error to submit the charge of involuntary manslaughter. In State v. Ray, 299 N.C. 151, 261 S.E. 2d 789 (1980) our Supreme Court held it was prejudicial error to submit involuntary manslaughter to the jury when there was no evidence of involuntary manslaughter, and the defendant relied on self-defense for an acquittal to the other…