State v. Johnson

WEBB, Judge.

The defendant first assigns error to the failure to dismiss the charge of manslaughter at the close of all the evidence. He argues, relying on State v. Markham, 5 N.C. App. 391, 168 S.E. 2d 449 (1969), that there was not sufficient evidence of manslaughter to be considered by the jury. In Markham there was evidence the defendant was intoxicated at the time of a fatal accident but little evidence as to the manner in which he was driving. This Court held it was error not to allow the defendant’s motion to dismiss made at the close of the evidence. In State v. McKenzie, 292 N.C. 170,…