State v. McCain

The defendant assigns as error the court’s refusal to grant his motion for judgment of nonsuit made at the close of the State’s evidence and renewed at the close of all of the evidence.

Murder in the second degree is the unlawful killing of a human being with malice, but without premeditation and delibera tion. State v. Foust, 258 N.C. 453, 128 S.E. 2d 889; State v. Downey, 253 N.C. 348, 117 S.E. 2d 39. Malice is implied in law from the intentional killing with a deadly weapon. State v. Mangum, 245 N.C. 323, 96 S.E. 2d 39; State v. Benson, 183 N.C. 795, 111 S.E. 869. A knife may be used as a…