Legal Opinion

State v. Cherry

Court of Appeals of North Carolina

Decided March 3, 1981No. 802SC945Published

1Opinion of the Court

MARTIN (Harry C.), Judge.

Defendant argues that the evidence did not support submitting the charge of involuntary manslaughter to the j ury. We do not so hold. In State v. Everhart, 291 N.C. 700, 231 S.E. 2d 604 (1977), we find:

Involuntary manslaughter has been defined as the unlawful and unintentional killing of another human being without malice and which proximately results from the commission of an unlawful act not amounting to a felony or not naturally dangerous to human life, or from the commission of some act done in an unlawful or culpably negligent manner, or from the culpable…

2Cases cited7 opinions

  1. State v. FoustSupreme Court of North Carolina · 1963
  2. State v. FaustSupreme Court of North Carolina · 1961
  3. State v. EverhartSupreme Court of North Carolina · 1977
  4. State v. KluckhohnSupreme Court of North Carolina · 1956
  5. State v. AdamsCourt of Appeals of North Carolina · 1968

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