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STATE OF NORTH CAROLINA v. JAMES RUSSELL SMITH.

Homicide — death of child — shaking and blunt force injuries — malice

A decision of the Court of Appeals holding that evidence on the issue of malice was not substantial enough to withstand defendant's motion to dismiss a charge of second-degree murder of his two-year old stepdaughter was reversed for the reasons stated in the dissenting opinion in the Court of Appeals that evidence that injuries to the child's head and brain were caused by violent shaking and a blunt force injury to the head was sufficient to support the jury's conclusion that defendant acted with malice and to sustain defendant's conviction of second-degree murder.

PER CURIAM.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed and this case is remanded to that court to address the remaining assignments of error.

REVERSED AND REMANDED.

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STATE v. SMITH
(Mar 1, 2002)