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STATE v. FERGUSON

No. 155.

185 S.E.2d 119 (1971)

280 N.C. 95

STATE of North Carolina v. Mark FERGUSON.

Supreme Court of North Carolina.

December 15, 1971.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., by Russell G. Walker, Jr., Asst. Atty. Gen., for the State.

Riddle & Shackelford, by Robert E. Riddle, Asheville, Attys., for defendant appellant.

HIGGINS, Justice.

The State's evidence was sufficient to make out a case of murder. The defendant's evidence tended to support his plea of self-defense. The jury, finding the truth to lie in the middle ground, convicted the defendant of voluntary manslaughter. The court imposed a sentence which approached the maximum provided by law for manslaughter. G.S. § 14-18.

The defendant's Assignments of Error Nos. 1 and 2 involve the court's failure to exclude...

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