Supreme Court of North Carolina
State v. Wilson
December 15, 2023
Summary
The court held that a defendant charged with first-degree felony murder is entitled to a second-degree murder instruction only when the evidence concerning the underlying felony is in conflict and the evidence would support the lesser offense. Because Wilson identified no evidence creating a conflict regarding his attempted robbery with a dangerous weapon beyond his own statements denying participation in the robbery, the trial court properly refused the instruction. The court modified and affirmed the Court of Appeals decision.