State v. Lytton

Justice Webb

dissenting.

I dissent. I do not believe, for the reasons stated in my concurring opinion in State v. Lane, 77 N.C. App. 741, 746, 336 S.E. 2d 410, 413 (1986), that the defendant was indicted for involuntary manslaughter. For that reason I would hold it was not error not to submit involuntary manslaughter to the jury.