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Criminal Practice – Second-Degree Murder – Malice Type – B1 & B2 Sentencing (access required)

State v. Mosley (Lawyers Weekly No. 011-323-17, 9 pp.) (John Arrowood, J.) Appealed from McDowell County Superior Court (R. Gregory Horne, J.) N.C. App. Holding: Although there was evidence of malice that would support defendant’s sentencing as a Class B1 felon, there was also evidence – defendant’s reckless handling of his rifle – that would support ...

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