State v. Allen

PARKER, Judge.

Defendant first argues that the trial court erred in denying his motion to dismiss as to second degree murder, claiming the evidence, when viewed in the light most favorable to the State, is sufficient to convict only of involuntary manslaughter.

Involuntary manslaughter is the unintentional killing of a human being without either express or implied malice by some unlawful act not amounting to a felony or naturally dangerous to human life, or by an act or omission constituting culpable negligence. E.g., State v. Watson, 310 N.C. 384, 312 S.E. 2d 448 (1984). In State v. Foust, 258…