NC · jury_instructions
N.C.P.I.—Crim. 206.00
FIRST DEGREE MURDER, PREMEDITATION AND DELIBERATION-SECOND DEGREE MURDER AS LESSER INCLUDED OFFENSE.
State v. Strickland, 307 N.C. 274, at 289-91 (1983), in overruling
State v. Harris, 290 N.C. 718 (1976), held that, when the indictment
charges first degree murder by premeditation and deliberation, a trial
judge is required to instruct on second degree murder only if the evidence
tends to show a lack of premeditation and deliberation or would permit a
jury rationally to find defendant guilty of the lesser offense and acquit
him of the greater.
History
N.C.P.I.—Crim. 206.00 (December 2001). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
a4e11c6853688c30b1fa294712659f4de5f2c2e42ae4f3cbaba162b90a3ffefe
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