State v. Davis

MORRIS, Judge.

Of the seven assignments of error directed towards the trial court’s instructions to the jury, this opinion is based upon the failure of the trial tribunal to submit involuntary manslaughter as a permissible verdict. The trial court instructed the jury they could return a verdict of guilty of murder in the second degree, or a verdict of guilty of voluntary manslaughter, or a verdict of not guilty. Voluntary manslaughter is the unlawful killing of a human being without malice, premeditation or deliberation. State v. Rummage, 280 N.C. 51, 185 S.E. 2d 221 (1971), and cases cited…