Tbe single question presented for decision is tbe sufficiency of tbe evidence to overcome tbe demurrer and to withstand tbe motion for a directed verdict. Tbe rulings of tbe trial court were favorable to tbe State, and we are disposed to approve.
It is true tbe evidence is not all one way and it was offered by tbe prosecution — the defendant electing not to go upon tbe witness stand or to offer any evidence — nevertheless it is tbe rule with us that on demurrer to tbe evidence or motion for directed verdict tbe State is entitled to have tbe evidence considered in its most favorable light, eliminating for tbe purpose any discrepancies or contradictions which tbe jury alone may reconcile or consider. S. v. Rountree, 181 N.C. 535, 106 S.E. 669. Tbe court’s inquiry on demurrer or such motion is directed to tbe sufficiency of tbe evidence to warrant its submission to tbe jury and to support a verdict for tbe prosecution. S. v. Hart, 116 N.C. 916, 20 S.E. 1014. Neither tbe weight nor tbe reconciliation of tbe eiddence nor tbe credibility of tbe witnesses is for tbe court. S. v. Utley, 126 N.C. 997, 35 S.E. 428.
Then, too, all of tbe discrepancies and contradictions in tbe evidence, if such there be, come from variant statements made by tbe defendant to different witnesses. If these result in ultimate equivocation, tbe jury alone is authorized to find the facts or to say what they are, and to assess their value in tbe light of tbe attendant circumstances. A verdict is tbe jury’s veredictum — the dictum of truth, or tbe pronouncement of tbe real truth of tbe matter.
Here, the defendant is quoted as saying to Henry Grayson that “we were fooling with an old gun and it went off,” meaning be and tbe deceased were fooling with tbe gun when it fired, and Grayson quoted tbe defendant to tbe sheriff as saying, “be was fooling with an old gun and it went off.”
On tbe other band, tbe sheriff and the S.B.I. agent quote the defendant as saying to them that Mrs. Colbert was drinking on tbe afternoon in question; that she wanted more beer and be would not give it to her; whereupon she threatened to kill herself and bad tbe gun up to her chest when tbe defendant attempted to stop her and it went off, thus resulting in a misadventurous homicide. S. v. Eldridge, 197 N.C. 626, 150 S.E. 125; S. v. Whaley, 191 N.C. 387, 132 S.E. 6.
Initially, tbe defendant says there is no real contradiction in bis statements to Grayson, tbe sheriff and tbe S.B.I. agent; that bis statement to Grayson was made under excitement and on tbe spur of tbe moment and was intended only as a short-band statement of tbe occurrence which is readily reconcilable with bis later statements to tbe sheriff and tbe S.B.I. agent. In tbe absence of tbe court’s charge to tbe jury, which does not appear in tbe transcript, it is to be assumed tbe court correctly instructed *364the jury to reconcile the evidence, where reasonably susceptible of reconciliation, and thus the defendant presumably was given full benefit of his position in this respect in the jury’s consideration of the evidence.
Moreover; taking the State’s view of the different statements, the defendant says the record presents this question: Where the State offers contradictory statements of the defendant, some initially made which are inculpatory and others later made which are exculpatory, is the State bound by the later statements thus entitling the defendant to a dismissal of the action?
An affirmative answer is urged by the defendant. He contends that “it is neither charity nor common sense nor law” to permit a jury to infer a criminal occasion when the State’s evidence, with equal or greater certainty, points to accident or misadventure as the cause of decedent’s death, S. v. Massey, 86 N.C. 658, and that a compulsory nonsuit or dismissal of the prosecution on demurrer to the evidence is suggested, if not required, by the following authorities: S. v. Ray, 229 N.C. 40, 47 S.E. 2d 494; S. v. Watts, 224 N.C. 771, 32 S.E. 2d 348; S. v. Boyd, 223 N.C. 79, 25 S.E. 2d 456, and cases cited; S. v. Todd, 222 N.C. 346, 23 S.E. 2d 47, and cases cited; S. v. Cohoon, 206 N.C. 388, 174 S.E. 91.
While defendant’s counsel have presented his case cogently and with much force, we are constrained to think the record, viewed as a whole, hardly pushes the prosecution into this position. There is the evidence of Mrs. Nellie Pope and the attendant circumstances, including the defendant’s previous threat to kill the deceased, which would seem to bring the case within the principle announced in S. v. Phillips, 227 N.C. 277, 41 S.E. 2d 766, and S. v. Gregory, 203 N.C. 528, 166 S.E. 387. The probative value of the evidence is for the twelve. The solicitor felt impelled to give the jury the benefit of all the evidence and to “let the chips fall wherever they may.” An adverse answer to the question, however, may be found in S. v. Robinson, 229 N.C. 647, 50 S.E. 2d 740, and Jackson v. Hodges, 232 N.C. 694, loc. cit. 696, 62 S.E. 2d 326.
Finally, the defendant says there is nothing on the record to show an intentional killing on his part; that the jury has so found, and that no adverse presumption arises to overcome the presumption of innocence, or to support the verdict of involuntary manslaughter. S. v. Cranford, 231 N.C. 211, 56 S.E. 2d 423; S. v. Harvey, 228 N.C. 62, 44 S.E. 2d 472; S. v. Edwards, 224 N.C. 577, 31 S.E. 2d 762; S. v. Smith, 221 N.C. 400, 20 S.E. 2d 360; S. v. Godwin, 227 N.C. 449, 42 S.E. 2d 617. And further, that his statements to the several witnesses, which were offered as worthy of belief, clearly reveal in their entirety, S. v. Edwards, 211 N.C. 555, 191 S.E. 1, an accidental homicide or a self-inflicted lethal injury. S. v. Coffey, 228 N.C. 119, 44 S.E. 2d 886; S. v. Penry, 220 N.C. 248, 17 S.E. 2d 4; S. v. Shu, 218 N.C. 387, 11 S.E. 2d 155; S. v. Montague, 195 N.C. *36520, 141 S.E. 285; S. v. Tillman, 146 N.C. 611, 60 S.E. 902; S. v. Goodson, 107 N.C. 798, 12 S.E. 329. Again, we must refer to tbe absence of tbe charge from tbe transcript and assume tbe defendant’s position in these respects was adequately explained to tbe jury. Evidently tbe defendant desires or craves complete vindication or nothing. No presumption is required to support a verdict of involuntary manslaughter, where tbe evidence permits such an inference. S. v. Coble, 177 N.C. 588, 99 S.E. 339; S. v. Stitt, 146 N.C. 643, 61 S.E. 566. Where one engages in an unlawful and dangerous act, such as “fooling with an old gun,” i.e., using a loaded pistol in a careless and reckless manner, or pointing it at another, and kills tbe other by accident, be would be guilty of an unlawful homicide or manslaughter. G.S. 14-34; S. v. Vines, 93 N.C. 493; S. v. Trollinger, 162 N.C. 618, 77 S.E. 957; S. v. Limerick, 146 N.C. 649, 61 S.E. 568.
Involuntary manslaughter has been defined to be, “Where death results unintentionally, so far as the defendant is concerned, from an unlawful act on his part not amounting to a felony, or from a lawful act negligently done.” 1 Wharton Cr. Law, Sec. 305; S. v. Williams, 231 N.C. 214, 56 S.E. 2d 574; S. v. Stansell, 203 N.C. 69, 164 S.E. 580; S. v. Turnage, 138 N.C. 566, 49 S.E. 913. Of course, nothing said herein militates in any way against the doctrine upheld in S. v. Horton, 139 N.C. 588, 51 S.E. 945; S. v. Satterfield, 198 N.C. 682, 153 S.E. 155, and other cases, of a misadventurous homicide.
After a searching investigation of the record and with full appreciation of the forceful argument of defendant’s counsel, we are constrained to approve the submission of the case to the jury. Hence, on the record as presented, the verdict and judgment will be upheld.
No error.