Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Frazier, ___ N.C. App. ___, 790 S.E.2d 312 (Jul. 5, 2016)
(1) In this case in which the defendant was convicted of felony murder with the underlying felony being child abuse, the trial court did not err by denying the defendant’s request to instruct the jury on premeditated and deliberate murder and all lesser included offenses. There was no evidence that the defendant possessed a specific intent to kill formed after premeditation and deliberation where the evidence showed that the defendant “snapped” and “lost control.” (2) Second-degree murder is not a lesser included offense of first-degree felony murder.