State v. . Childress

The defendant is charged with the murder of his wife. He pleads uxoricide by misadventure. There is evidence to support the charge and there is evidence to support the defendant’s plea. There is also evidence of manslaughter, i.e., of an unlawful killing without malice. S. v. Staton, 227 N. C., 409. In these circumstances, the statute, G. S., 15-170, requires that the “less degree of the same crime” be submitted to the jury with proper instructions. S. v. Ratcliff, 199 N. C., 9, 153 S. E., 605; S. v. Sheek, 219 N. C., 811, 15 S. E. (2d), 282.

Tbe general rule of practice is, that when it is…