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248 N.C. 544

State v. Neal

Supreme Court of North Carolina

Decided June 4, 1958

Supreme Court of North Carolina · decided 1958-06-04

Cited by 6 later decisions — most recently June 1978

6 state decisions

Key passage — most relied on by later courts

““Involuntary manslaughter is the unlawful killing of a human being unintentionally and without malice but proximately resulting from the commission of an unlawful act not amounting to a felony, or some act done in an unlawful or culpably negligent manner (S. v. Durham, 201 N.C. 724 , 161 S.E. 398 ; S. v. Stansell, 203 N.C. 69 , 164 S.E. 580 ), and where fatal consequences of the negligent act were not improbable under all’ the facts existent at the time. . . . In S. v. Rountree, supra (181 N.C. 535, 106 S.E. 669 ), it was said that ‘Culpable negligence under the criminal law is such recklessness or carelessness, resulting in injury or death, as imports a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others.’ ” State v. Williams, 231 N.C. 214 , 56 S.E. 2d 574 .”

quoted by 1 later decision, including 3 N.C. App. 276 - State v. Lilley

Relies on State v. . Rountree · State v. Williams

Good law ✅— No negative treatment on recordhow we know

Decided 1958-06-04

View the full empirical analysis of this case →

Winborne, C. J.

¶1While defendant, through his counsel, brings forward and presents on this appeal several assignments of error based upon exceptions taken during the course of the trial and to portions of the charge, the one most stressfully urged for error relates to denial of his motions for judgment as of nonsuit.

¶2In this connection, involuntary manslaughter is defined to be the unlawful killing of a human being unintentionally and without malice but proximately resulting from the commission of an unlawful act not amounting to a felony, or some act done in an unlawful or culpably negligent manner, and where fatal consequences of the negligent act were not improbable under all the facts existent at the time. S. v. Williams, 231 N.C. 214, 56 S.E. 2d, 574, and cases cited. Indeed, as stated in S v. Rountree, 181 N.C. 535, 106 S.E. 669, “Culpable neg*549ligence under the criminal law is such recklessness or carelessness, resulting in injury or death, as imports a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others.”

¶3In the light of these principles, applied to the evidence in case in hand, taken in the light most favorable to the State, as is done in considering motions for judgment as of nonsuit, G.S. 15-173, the Court is of opinion and holds that a case for the jury is properly made to appear.

¶4The circumstances under which the shooting occurred as reflected by the various statements made by defendant to officers are sufficient to import “a thoughtless disregard of consequences, or a heedless indifference to the safety and rights of others.”

¶5The matters to which other assignments of error relate have been given due and careful consideration, and in them prejudicial error is not made to appear. They require no express treatment.

¶6Hence in the judgment from which appeal is taken, there is

¶7No Error.

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