State v. Wrenn

HUSKINS, Justice.

Defendant assigns as error the failure of the trial court to submit manslaughter as a permissible verdict.

Where, under the bill of indictment, it is permissible to convict defendant of a lesser degree of the crime charged, and there is evidence to support a milder verdict, defendant is entitled to have the different permissible verdicts arising on the evidence presented to the jury under proper instructions. State v. Keaton, 206 N.C. 682, 175 S.E. 296 (1934); State v. Riera, 276 N.C. 361, 172 S.E. 2d 535 (1970). Erroneous failure to submit the question of defendant’s guilt of…