State v. Darby

JOHNSON, Judge.

Defendant argues the trial court erred in finding as factors in aggravation: (1) that the victim was very young; and (2) that defendant took advantage of a position of trust or confidence to commit the offense. She contends the aggravating factors were improperly found because the evidence necessary to prove them was necessary to prove an element of the offense as defined for the jury. See G.S. § 15A-1340.4(a)(l).

The trial court here defined involuntary manslaughter for the jury as the unintentional killing of a human being by an act done in a criminally negligent way or by an…