[DOWNLOAD] "North Carolina v. Thomas" by Supreme Court of North Carolina No. 109A88 " Book PDF Kindle ePub Free

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eBook details

• Title: North Carolina v. Thomas
• Author : Supreme Court of North Carolina No. 109A88
• Release Date : January 07, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

Defendant was tried on a bill of indictment charging that defendant ""unlawfully, willfully and feloniously and of malice aforethought did kill and murder Vickie White Calhoun."" The case was prosecuted as a first degree felony murder on the theory that the murder of Vickie White Calhoun occurred during the perpetration of the felony of discharging a firearm into an occupied structure in violation of N.C.G.S. § 14-34.1. The jury was instructed that it could return verdicts of guilty of first degree felony murder or not guilty. Upon the return of a verdict of guilty the jury at a separate sentencing proceeding recommended, and the trial court imposed, a sentence of life imprisonment. The question presented is whether the trial court erred in failing to submit to the jury the alternative verdict of guilty of involuntary manslaughter. We conclude this was error entitling defendant to a new trial. I

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