State v. Bradley

ARNOLD, Judge.

Defendant first contends that the evidence at trial was insufficient as a matter of law to support a conviction of any of the offenses submitted to the jury. Those offenses were: second degree murder, involuntary manslaughter, felony death by vehicle and misdemeanor death by vehicle.

Murder in the second degree is the lawful killing of a human being with malice but without premeditation and deliberation. State v. Robbins, 309 N.C. 771, 775, 309 S.E. 2d 188, 190 (1983). While an intent to kill is not a necessary element of murder in the second degree, that crime does not exist in…