State v. Spencer

HEDRICK, Judge.

The defendant assigns as error the denial of his motion for judgment as of nonsuit. Obviously, the State tried defendant for manslaughter on the theory that defendant aided and *305abetted his brother in an unlawful killing of Ward. To prove its case against defendant, the State had to prove that defendant’s brother, Respass, was guilty of manslaughter and also had to prove that defendant aided or abetted him in that unlawful killing.

Manslaughter is the unlawful killing of a person without malice and without premeditation and deliberation. State v. Rummage, 280 N.C. 51, 185 S.E. 2d…