State v. Brooks

WEBB, Judge.

The defendant assigns as error the submission to the jury of the charge of involuntary manslaughter. After the case sub judice was tried, our Supreme Court rendered a decision in State v. Ray, 299 N.C. 151, 261 S.E. 2d 789 (1980). As applicable to this case, Ray held that if there is evidence of self-defense and no evidence of involuntary manslaughter, it is prejudicial error to submit a charge of involuntary manslaughter in a trial for second degree murder. The evidence as to the shooting in the case sub-judice came from the testimony of defendant. She testified as follows:

“When…