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Home / Opinion Digests / Criminal Practice / Criminal Practice – Second-Degree Murder – 2012 Statutory Amendment – Malice Theory – Deadly Weapon (access required)

Criminal Practice – Second-Degree Murder – 2012 Statutory Amendment – Malice Theory – Deadly Weapon (access required)

State v. Lail (Lawyers Weekly No. 011-011-17, 22 pp.) (Rick Elmore, J.) Appealed from Gaston County Superior Court (J. Thomas Davis, J.) N.C. App. Holding: In 2012, the General Assembly amended G.S. § 14-17(b) so as to reduce the felony classification of second-degree murder to B2 when (1) malice is based on reckless and wanton behavior ...

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