State v. Byers

HEDRICK, Chief Judge.

Defendant first contends “[t]he trial court erred in refusing to charge the jury on felony death by vehicle.” Our decision is controlled by State v. Williams, 90 N.C. App. 614, 369 S.E.2d 832, disc. review denied, 323 N.C. 369, 373 S.E.2d 555 (1988), where we held that felony death by vehicle, G.S. 20-141.4(al), was not a lesser included offense of involuntary manslaughter.

In the present case, the trial court submitted three possible verdicts to the jury —second degree murder, involuntary manslaughter and misdemeanor death-by vehicle. Since felony death by motor vehicle…