State v. DeBiase, 211 N.C. App. 497

Defendant Debiase was convicted of second degree murder following a party altercation with Ian Lien that produced a fatal neck injury.
Evidence showed Debiase struck Lien with a beer bottle, the bottle shattered, and the two men fell into a campfire where Lien died.
Eyewitness accounts conflicted on whether Debiase intended to kill or seriously injure and whether the bottle caused the fatal wound.
The trial court instructed the jury only on second degree murder and voluntary manslaughter, not involuntary manslaughter.
Defendant argued the evidence could support a verdict of involuntary manslaughter, a lesser included offense.
The appellate court held the trial court erred by not instructing on involuntary manslaughter and remanded for a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether involuntary manslaughter instruction should have been given	Debiase argues evidence supports lesser offense.	Debiase contends trial court erred by omitting instruction.	New trial granted; instruction on involuntary manslaughter required.

State v. Buck, 310 N.C. 602 (1984) (reckless, unintentional use of deadly weapon may support involuntary manslaughter)
State v. Fleming, 296 N.C. 559 (1979) (unintentional homicide from reckless use of a deadly weapon may support involuntary manslaughter)
Drew v. State, 162 N.C. App. 682 (1989) (evidence of unintentional homicide from negligent or reckless conduct may support involuntary manslaughter)
Daniels, 87 N.C. App. 287 (1987) (inadvertent stabbing can support involuntary manslaughter submission)
State v. Reynolds, 307 N.C. 184 (1982) (presumption of malice from use of deadly weapon is not conclusive; may be rebutted)