North Carolina Lawyers Weekly
State v. Mack. (Lawyers Weekly No. 10-07-0809, 14 pp.) (Martha A. Geer, J.) Appealed from Gaston County Superior Court. (Nathaniel J. Poovey, J.) N.C. App.
Holding: Defendant, whose license was revoked, drove extremely dangerously in order to evade arrest for breaking and entering and larceny. The state presented evidence that when an officer attempted to stop defendant, because of the stolen televisions in his trunk, defendant fled, driving more than 90 mph, passing through a red light without stopping and traveling the wrong way on a highway – all with the vehicle’s trunk lid open and with a passenger pinned by a large television and unable to exit the vehicle. In the light most favorable to the state, this evidence was sufficient to show malice.
No error in defendant’s conviction of second-degree murder.
