State v. Laurean, 220 N.C. App. 342 (May. 1, 2012)

In a case in which the defendant was convicted of first-degree murder, the trial court did not err by failing to instruct the jury on second-degree murder. The defendant conceded that the evidence warranted an instruction on first-degree murder. However, he argued that because the evidence failed to illustrate the circumstances immediately preceding the murder, the jury should have been allowed to consider that he formed the intent to kill absent premeditation and deliberation and, therefore, was entitled to an instruction on second-degree murder. The court concluded that in the absence of evidence suggesting that the victim was killed without premeditation and deliberation, an instruction on second-degree murder would be improper.