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STATE v. GADSDEN

No. 112.

266 S.E.2d 665 (1980)

STATE of North Carolina v. John GADSDEN and Carl Gadsden.

Supreme Court of North Carolina.

June 3, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Evelyn M. Coman, Raleigh, for the State.

Benjamin F. Clifton, Jr., Raleigh, for defendant-appellant John Gadsden.

Kyle S. Hall, Raleigh, for defendant-appellant Carl Gadsden.

BRITT, Justice.

DEFENDANT JOHN GADSDEN'S APPEAL

By his only assignment of error, defendant John contends the trial court erred in not submitting voluntary manslaughter as an alternative verdict as to him. He argues that if the jury had chosen to believe the state's evidence tending to show that he participated in the stabbing of Gordon, and then believed defendant Carl's testimony relating to self-defense, they could have found him as well as his brother...

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