State v. Jennings

Defendant assigns as error the refusal of the trial court to grant his motion for nonsuit at the close of all the evidence.

The State elected to prosecute defendant for second degree murder. Murder in the second degree is the unlawful killing of a human being with malice, but without premeditation and deliberation. State v. Foust, 268 N.C. 453, 128 S.E. 2d 889; State v. Street, 241 N.C. 689, 86 S.E. 2d 277. There was plenary evidence that deceased died from a wound intentionally inflicted by defendant with a rifle, thus creating the presumptions that the killing was unlawful and that it was…