State v. Willoughby

In State v. Willoughby, 58 N.C. App. 746, 294 S.E.2d 407, disc. review denied, 307 N.C. 129, 297 S.E.2d 403 (1982), the Court held that jury instructions on accident were not required where the defendant's version of the story would, if believed by the jury, have resulted in his being found not guilty of second degree murder. In Willoughby, the defendant and the victim were swimming together and the victim died of drowning. Id. at 747, 294 S.E.2d at 408. The defendant was convicted of second degree murder, but argued that he did not touch the victim and was entitled to a jury instruction on accident. Id. This Court held: We do not believe the court should have charged on accident. If the victim died as a result of an accidental drowning, it was an accident with which the defendant had nothing to do. The jury accepted the version of the incident in accordance with the State's evidence. This evidence showed the defendant committed murder. If the jury had accepted the defendant's version of the event, the jury should have found the defendant not guilty under the charge given to them by the court. It was not necessary for the court to charge on accident. Id. at 748, 294 S.E.2d at 408.