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State v. ChambersState v. Chambers

Court of Appeals of North Carolina
May 1, 1974
No. 7426SC317
Reporters:
, ,
Before:
Britt
BRITT, Judge.

The 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.

The 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).

No error.

Judges Hedrick and Carson concur.

Case Details

Case Name: State v. Chambers
Court Name: Court of Appeals of North Carolina
Date Published: May 1, 1974
Citations: 21 N.C. App. 450; 204 S.E.2d 560; 1974 N.C. App. LEXIS 1836; No. 7426SC317
Docket Number: No. 7426SC317
Court Abbreviation: N.C. Ct. App.
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