State v. Gurkin, 234 N.C. App. 207 (Jun. 3, 2014)

In this murder case, the trial court did not commit plain error by failing to submit involuntary manslaughter to the jury. The trial court submitted first-degree murder, second-degree murder, voluntary manslaughter, and not guilty to the jury. The jury found the defendant guilty of second-degree murder. By finding the defendant guilty of this offense, the jury necessarily found, beyond a reasonable doubt, that the defendant acted with malice. Involuntary manslaughter is a homicide without malice, a fact rejected by the jury.