State v. Revis

Bobbitt, .1.

There was plenary evidence tending to support the finding that defendant intentionally shot the deceased and thereby proximately caused his death. Upon such finding, there arose the presumptions that the killing was (1) unlawful and (2) with malice; and, nothing else appearing, defendant would be guilty of murder in the second degree. S. v. Adams, 241 N.C. 559, 85 S.E. 2d 918; S. v. Gordon, 241 N.C. 356, 85 S.E. 2d 322. Thereupon, it was incumbent upon defendant to satisfy the jury of the truth of facts which justi fied or mitigated the killing in accordance with legal principles…