STATE v. LESLIE

No. 792OSC211.

255 S.E.2d 635 (1979)

STATE of North Carolina v. Nealy J. LESLIE.

Court of Appeals of North Carolina.

June 19, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. George J. Oliver, Raleigh, for the State.

Van Camp, Gill & Crumpler by James R. Van Camp, Southern Pines, for defendant appellant.


VAUGHN, Judge.

Defendant was indicted for the murder of his wife and convicted of voluntary manslaughter. There was ample evidence to have supported a verdict of a higher degree of homicide. We must, nevertheless, order a new trial because the jury was not properly instructed on a possible verdict of involuntary manslaughter as it related to defendant's evidence.

It is the duty of the judge to declare and explain the law arising on all of the evidence including...

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