State v. . Marshall

When the case was called for trial, the solicitor announced that the State would not insist upon a verdict of murder in the first degree, but would ask for a verdict of murder in the second degree or manslaughter, as the evidence might disclose.

Thereupon, the defendant admitted the killing with a deadly weapon, and assumed the burden of rebutting the presumptions arising from such admission. S. v. Keaton, 206 N. C., 682, 175 S. E., 2967.

The homicide occurred in the defendant’s filling station. The deceased had been drinking, and, with imbecilie courtesy, undertook to engage the defendant’s…