State v. Rogers

■Higgins, J.

As a result of the solicitor’s announcement, the defendant could not be convicted of murder in the first degree, but of some lesser offense embraced within that charge. State v. Miller, 272 N.C. 243. The verdict of guilty of murder in the second degree was within the indictment.

According to the State’s evidence, the defendant called Charles Graham, father of Elizabeth Coyle, over the telephone and made threats against all of the family. Graham armed himself and waited on the porch. His daughter, Julie Elizabeth Coyle, was sitting in a swing to her father’s right. The defendant, as…