State v. Hamilton

BÁLEY, Judge.

Defendant contends that the State introduced no evidence of first degree murder and that it was error for the court to permit the jury to consider first degree murder as a possible verdict.

Defendant was found guilty of the lesser offense of murder in the second degree and any error which might have occurred by the submission of the issue for the greater offense was thereby cured. State v. Parks, 14 N.C. App. 97, 187 S.E. 2d 462 (1972).

Nevertheless, an examination of the State’s evidence shows that it was sufficient to support a conviction of first degree *438murder. Murder in the…