Although it was defendant who arranged to buy drugs from the victim, co-defendant Hollifield rented a car and drove defendant to a gas station to make the deal; therefore, a jury could determine that defendant and Hollifield had a common ...

Tagged with: Second-Degree Murder

HENDERSONVILLE (AP) A North Carolina man has been convicted of second-degree murder in a wreck that killed a teen. Local media reported 37-year-old Matthew Schmieder was convicted in Hendersonville on March 26 and sentenced to between 13 and 16 years in ...

Tagged with: Crash Second-Degree Murder

In February 2010, Crystal Gail Mangum threatened to stab a love interest after the two had an argument that turned physical. Fourteen months later, she did stab another boyfriend, who died days later from his wounds. Mangum challenged her second-degree ...

Tagged with: murder Prison Second-Degree Murder

A Union County grand jury has indicted the stepfather of 4-year-old child abuse victim on a second-degree murder charge.

Tagged with: child abuse Indictment Second-Degree Murder

RALEIGH (AP) — A man awaiting a new trial in the death of his wife six years ago has pleaded guilty to lesser charges. Multiple media outlets reported that Brad Cooper, 40, pleaded guilty to second-degree murder on Monday in ...

Tagged with: Second-Degree Murder

State v. Facyson (Lawyers Weekly No. 14-06-0554, 13 pp.) (Cheri Beasley, J.) Appealed from Durham County Superior Court (Henry Hight, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: While the aggravating factor in G.S. § ...

Tagged with: Second-Degree Murder

State v. Grooms Defendant had no DWI arrests or convictions before he drove drunk and struck and killed two bicyclists. Nevertheless, the state was able to prove malice via evidence which included an ex-girlfriend’s testimony about a drunk-driving incident that occurred on the same road two months before the incident in question.

Tagged with: Second-Degree Murder

State v. Barrow Where our Court of Appeals held, Since the state's evidence would have permitted the jury to find that defendant did not use a deadly weapon but still killed the five-month-old victim with malice, the trial court properly instructed the jury on the offense of second-degree murder, we affirm.

Tagged with: child abuse Criminal Practice Felony Murder Jury Instructions Second-Degree Murder

State v. Rollins Defendant had been shoplifting before the high-speed chase that ended in a fatal crash. Evidence of the shoplifting spree was admissible to explain why defendant was trying so aggressively to evade the officers chasing him. The voluminous and organized nature of the shoplifting expedition explained why defendant was driving in the manner that he was for purposes of the malice element of second-degree murder.

Tagged with: Criminal Practice evidence High-Speed Chase Jury Instructions Malice Second-Degree Murder

State v. Laurean Even though defendant contends the state presented no evidence as to the circumstances immediately surrounding his killing of the victim, there was evidence of premeditation and deliberation, and there was no evidence to support a jury instruction on second-degree murder. Consequently, the trial court correctly declined to instruct the jury on second-degree murder.

Tagged with: Criminal Practice First-Degree Murder Jury Instructions Second-Degree Murder