State v. Wilson
Annotate this CaseIn the case before the Supreme Court of North Carolina, the defendant, Jahzion Wilson, was charged with first-degree murder under the felony-murder theory, with the underlying felony being attempted robbery with a dangerous weapon. Wilson argued that he was entitled to a jury instruction on second-degree murder as a lesser-included offense of first-degree murder. However, the court held that in order for a defendant to be entitled to an instruction on a lesser-included offense, there must be a conflict in the evidence of the underlying felony and the evidence must support the lesser-included offense. The defendant's own statements denying his involvement in the crime are not sufficient to create a conflict in the evidence. In this case, the court found that there was no conflict in the evidence supporting the underlying felony of attempted robbery with a dangerous weapon, thus, Wilson was not entitled to an instruction on second-degree murder. The court modified and affirmed the decision of the Court of Appeals.
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