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State v. Mercado

Supreme Court of North Carolina
Nov 1, 1985
336 S.E.2d 87 (N.C. 1985)

Opinion

No. 121PA85

Filed 5 November 1985

ON discretionary review of the decision of the Court of Appeals, 72 N.C. App. 521, 325 S.E.2d 313 (1985), reversing judgment of Bowen, J., entered at the 12 December 1983 Criminal Session of CUMBERLAND County Superior Court, sentencing defendant to three years' imprisonment upon a jury verdict finding defendant guilty of involuntary manslaughter.

Lacy H. Thornburg, Attorney General, by Roy A. Giles, Jr., Assistant Attorney General, for the state appellant.

James R. Parish for defendant appellee.


We allowed the state's petition for discretionary review principally to consider whether the Court of Appeals erred in concluding that involuntary manslaughter was not a lesser included offense of murder. This question has now been addressed and answered in State v. Greene, 314 N.C. 649, 336 S.E.2d 87 (1985) (involuntary manslaughter is a lesser included offense of murder).

The Court of Appeals also held there was no evidence of involuntary manslaughter and had it not been submitted there was a reasonable likelihood defendant would have been acquitted altogether. Therefore, the submission of involuntary manslaughter was reversible error; and defendant, having been acquitted of all other degrees of homicide, was entitled to be discharged. We do not think this aspect of the Court of Appeals' opinion is deserving of further review.

The result is that the state's petition in the instant case may be considered improvidently allowed

Discretionary review improvidently allowed.


Summaries of

State v. Mercado

Supreme Court of North Carolina
Nov 1, 1985
336 S.E.2d 87 (N.C. 1985)
Case details for

State v. Mercado

Case Details

Full title:STATE OF NORTH CAROLINA v. LUIS MERCADO

Court:Supreme Court of North Carolina

Date published: Nov 1, 1985

Citations

336 S.E.2d 87 (N.C. 1985)
336 S.E.2d 87

Citing Cases

State v. Johnson

Involuntary manslaughter is a lesser-included offense of murder. State v. Greene, 314 N.C. 649, 336 S.E.2d 87…

State v. Barts

Involuntary manslaughter is also a lesser-included offense of murder. State v. Greene, 314 N.C. 649, 336…