Legal Opinion

State v. Matthis

Court of Appeals of North Carolina

Decided October 19, 1982No. 824SC122Published

1Opinion of the Court

WEBB, Judge.

The defendant assigns error to the submission to the jury of the charge of involuntary manslaughter. The defendant argues that all her acts which resulted in the death of her husband were intentional and she could not be guilty of involuntary manslaughter. Involuntary manslaughter is an unintentional killing proximately resulting from culpable negligence or the commission of an unlawful act not amounting to a felony. See State v. Cates, 293 N.C. 462, 238 S.E. 2d 465 (1977). It has been held to be involuntary manslaughter when a person points a gun at another and, believing it to…

2Cases cited7 opinions

  1. State v. SpencerSupreme Court of North Carolina · 1970
  2. State v. SmithSupreme Court of North Carolina · 1976
  3. State v. Turnage.Supreme Court of North Carolina · 1905
  4. State v. CatesSupreme Court of North Carolina · 1977
  5. State v. WinfreySupreme Court of North Carolina · 1979

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