State v. Wagoner

The defendant contends the evidence before the jury was sufficient to present the question whether the killing was unintentional — the result of an accident. The court did not charge the jury upon that feature of the ease. The Attorney General, on the ■argument, frankly conceded that if the evidence is sufficient to raise the issue of fact, whether the killing was accidental, the court’s failure to charge with respect thereto is reversible error. Special prayer for the instruction was not required. State v. Brady, 236 N.C. 295, 72 S.E. 2d 675; State v. Ardrey, 232 N.C. 721, 62 S.E. 2d 53.

The…