State v. Putnam

MARTIN, Judge.

“Where there is evidence of defendant’s guilt of a lesser degree of the crime charged in the indictment, the court must submit defendant’s guilt of the lesser included offense to the jury; if he fails to do so, the error is not cured by a verdict *572convicting defendant of the offense charged.” State v. Moore, 275 N.C. 198, 166 S.E. 2d 652 (1969).

In the present case the trial court instructed the jury on second degree murder and death by accidental means. Defendant argues he was entitled to an instruction on voluntary and involuntary manslaughter.

The necessity for instructing the…