History
  • No items yet
midpage
State v. Wynn
214 S.E.2d 274
N.C. Ct. App.
1975
Check Treatment
214 S.E.2d 274 (1975)
25 N.C. App. 625

STATE of North Carolina
v.
Thomas H. WYNN.

No. 7516SC130.

Court of Appeals of North Carolina.

May 7, 1975.

*275 Atty. Gen. Rufus L. Edmisten, by Associate Atty. Gen. Isaac T. Avery, III, Raleigh, for the State.

L. J. Britt and Son, by L. J. Britt and Bruce W. Huggins, Lumberton, for the defendant-appellant.

BROCK, Chief Judge.

Defendant's three assignments of error raise one issue for our resolution: Did the trial court err in failing to dismiss the charge of second degree murder? We point out that defendant was convicted of voluntary *276 manslaughter and conclude that his conviction of a lesser charge rendered harmless the submission of the greater charge to the jury, at least absent some showing that the verdict of guilty of the lesser offense was affected thereby. State v. Sallie, 13 N.C.App. 499, at 508, 186 S.E.2d 667, at 672-673 (1972), cert. denied 281 N.C. 316, 188 S.E.2d 900 (1972); State v. Casper, 256 N.C. 99, 122 S.E.2d 805 (1961). Defendant has made no showing that his conviction was affected in any way by the jury's consideration of his possible guilt of the more serious charge.

No error.

PARKER and ARNOLD, JJ., concur.

Case Details

Case Name: State v. Wynn
Court Name: Court of Appeals of North Carolina
Date Published: May 7, 1975
Citation: 214 S.E.2d 274
Docket Number: 7516SC130
Court Abbreviation: N.C. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.