State v. Hinnant, 238 N.C. App. 493 (Dec. 31, 2014)

In this assault and second-degree murder case, the trial court did not err by denying the defendant’s request to instruct the jury on involuntary manslaughter. Involuntary manslaughter is a killing without malice. However, where death results from the intentional use of a firearm or other deadly weapon, malice is presumed. Here, the defendant intentionally fired the gun under circumstances naturally dangerous to human life and the trial court did not err by refusing to give an instruction on involuntary manslaughter.