State v. Luther

SHARP, Justice.

Defendant’s appeal presents one question: Considering all the evidence favorable to the State as true, is it sufficient to establish a causal relation between McKenzie’s death and the assault which defendant made upon him with the iron pipe? G.S. 15-173,15-173.1 (1973 Cum. Supp.).

A person is criminally responsible for a homicide only if his act caused or directly contributed to the death. 40 Am. Jur. 2d, Homicide §§ 13, 15 (1968) ; State v. Horner, 248 N.C. 342, 103 S.E. 2d 694 (1958). Defendant argues that his motion for *574nonsuit should have been allowed because (1) the State…