State v. Simonovich, 202 N.C. App. 49 (Jan. 19, 2010)

The trial court did not err by denying the defendant’s request for a voluntary manslaughter instruction. Although the defendant knew that his wife was having sex with other men and she threatened to continue this behavior, the defendant did not find her in the act of intercourse with another or under circumstances clearly indicating that the act had just been completed. Additionally, the defendant testified that he strangled his wife to quiet her.