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North Carolina v. Benge10/6/1987
judicial error to charge on involuntary manslaughter. In this case since there is no evidence of involuntary manslaughter and the issue was erroneously submitted to the jury, the judgment must be vacated; and since by the verdict of the jury defendant has been acquitted of the other, larger charges covered by the indictment, he must be discharged. Under similar circumstances and for the same reason the defendant in State v. Brooks, 46 N.C. App. 833, 266 S.E.2d 3 (1980) was also discharged.
Thus, the judgment of the trial court is vacated and the defendant is hereby ordered discharged.
Vacated.
Disposition
Vacated.
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