majority"> Devin, J.

The only question presented by this appeal is whether the trial judge properly instructed the jury as to murder in the second degree.

There is no other assignment of error.

A careful consideration of the entire record, including the accurate and comprehensive charge of the learned judge, satisfies us that the trial was free from error in this or any other respect. The evidence fully warranted the verdict and judgment.

The court below stated the evidence and the contentions of the State and the defendant at length, and properly instructed the jury as to the law arising thereon. C. S., 564.

The defendant, through his counsel, admitted on the trial that he was guilty of murder in the second degree. There was no error in the court’s acting upon this admission. S. v. Foster, 130 N. C., 666.

But the defendant sought to escape conviction of first degree murder, and complains now that the court’s instruction as to second degree murder was prejudicial in that it was not sufficiently explicit, citing S. v. Foster, supra. From an examination of the entire charge in the instant case, however, it is apparent this contention cannot be sustained. We think the charge of the court below in this respect was sufficient. He defined murder in the second degree as well as murder in the first degree, and charged the jury, in effect, if they found from the evidence beyond a reasonable doubt that the killing was willful, deliberate, and premeditated, to return a verdict of guilty of murder in the first degree, and if they had a reasonable doubt as to any element of first degree murder to return a verdict of guilty of murder in the second degree, the defendant having admitted his guilt of the lesser degree of felonious slaying.

No error.

Citation profile

How this case has been treated — in progress