State v. McMillan
Court of Appeals of North Carolina
1Opinion of the Court
STEELMAN, Judge.
Evidence that defendant “had words” with one of the deceased was not sufficient to negate the malice supporting his conviction for second-degree murder, nor was it sufficient to require a jury instruction on voluntary manslaughter in the two murder cases. The temporal sequence of the taking and the use of a firearm did not negate defendant’s conviction for armed robbery that was the basis of his first-degree felony murder conviction. Where constitutional arguments are not presented at trial, they are not preserved for appellate review. Where officers advised defendant that if…
2Cases cited33 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009
- Bullcoming v. New MexicoSupreme Court of the United States · 2011
- State v. FritschSupreme Court of North Carolina · 2000
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3Cited by5 opinions
- State v. CottrellCourt of Appeals of North Carolina · 2014
- Jamerson, Marcus v. State, Texas Court of Appeals, 5th District (Dallas)2012
- State v. ChavesCourt of Appeals of North Carolina · 2016
- Marshall v. PeopleSupreme Court of Colorado · 2013
- State v. HannahCourt of Appeals of North Carolina · 2025