State v. Walker

CLARK, Judge.

The defendant brings forward in his brief only one assignment of error: that the trial judge, in instructing the jury on involuntary manslaughter, erred in státing that “the defendant’s act was unlawful in using a deadly weapon in assaulting or shooting Harrison Shores.”

A defendant may, in an appropriate factual situation, under his plea of not guilty, rely on more than one defense, e.g., (1) self-defense, and (2) accident. See State v. Wagoner, 249 N.C. 637, 107 S.E. 2d 83 (1959), where the defendant’s evidence tended to show that the pistol was not intentionally fired but…