State v. Griffin

When the State undertakes a prosecution for unlawful homicide, it assumes the burden of producing evidence sufficient to prove that the deceased died as the result of a criminal act committed by the defendant. State v. Hendrick, 232 N.C. 447, 61 S.E. 2d 349; State v. Palmer, 230 N.C. 205, 52 S.E. 2d 908. Any unjustifiable and reckless or wanton use of a firearm which jeopardizes the safety of another constitutes a criminal act, State v. Turnage, 138 N.C. 566, 49 S.E. 913; and, if an unintentional killing results, it is an unlawful homicide. State v. Brooks, 260 N.C. 186, 132 S.E. 2d 354;…