State v. Turnage

HEDRICK, Chief Judge.

We consider only the question of whether the evidence, when considered in the light most favorable to the State, is sufficient to withstand defendant’s motion for judgment as of nonsuit.

Defendant in this case was convicted of second degree murder in the death of his wife. “Second-degree murder is the unlawful killing of a human being with malice but without premeditation and deliberation.” State v. Hutchins, 303 N.C. 321, 346, 279 S.E.2d 788, 803 (1981). An essential element of second degree murder is the intent to inflict an injury that results in death. Thus, “to…