State v. Hollingsworth

WELLS, Judge.

I

Defendant’s first arguments concern the trial court’s failure to instruct the jury on the negligence of Brian Lee Keel, Michael Wayne McCarty and Jerry L. Pew.

Contributory negligence is no defense in a criminal action. However, in a case in which defendant is charged with manslaughter by reason of his alleged culpable negligence, the negligence of a person fatally injured, or of a third per son, is relevant and material on the question of proximate cause. . . .

State v. Tioran, 65 N.C. App. 122, 308 S.E. 2d 659 (1983), citing State v. Harrington, 260 N.C. 663, 133 S.E. 2d 452…