State v. MalloyÂ, 257 N.C. App. 191

Malloy was charged with felonious hit and run resulting in death and DWLR; he pled guilty to DWLR and the case proceeded on the remaining charge.
The State requested an instruction on felonious hit and run resulting in injury; Malloy objected, but the court overruled.
The jury convicted Malloy of felonious hit and run resulting in injury (a lesser-included offense).
Malloy moved for a directed verdict of not guilty, arguing injury is not necessarily included in death; the court denied.
On appeal, Malloy challenged the injury verdict; the court held the injury offense is a lesser-included offense of the death offense and affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is felonious hit and run resulting in injury a lesser-included offense of felonious hit and run resulting in death?	State argues injury is included in death offense.	Malloy argues injury is not necessarily included in death.	Yes; injury is a lesser-included offense of death.

State v. Hudson, 345 N.C. 729 (1997) (instantaneous death concept acknowledged)
State v. McDonald, 151 N.C. App. 236 (2002) (instant death scenarios recognized)