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21 N.C. App. 450

State v. Chambers

Court of Appeals of North Carolina · decided 1974-05-01

Cited by 4 later decisions — most recently September 1987

4 state decisions

Relies on In re Kauffman Mutual Fund Actions · State v. Rogers · State v. Vestal

Good law ✅— No negative treatment on recordhow we know

Decided 1974-05-01

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BRITT, Judge.

¶1The sole assignment of error presented by defendant is that the trial court erred in charging the jury that they might return a verdict of involuntary manslaughter and providing instructions on that offense. Defendant argues that there was no evidence to support the offense of involuntary manslaughter.

¶2The assignment has no merit. Assuming, arguendo, that there was no evidence to support the offense of involuntary manslaughter, the error was favorable to defendant and she is without standing to challenge the verdict finding her guilty of that offense. State v. Vestal, 283 N.C. 249, 195 S.E. 2d 297 (1973), cert. den. 414 U.S. 874, 94 S.Ct. 157, 38 L.Ed. 2d 114; State v. Rogers, 273 N.C. 208, 159 S.E. 2d 525 (1968); State v. Simpson, 14 N.C. App. 456, 188 S.E. 2d 535 (1972).

¶3No error.

Judges Hedrick and Carson concur.
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