STATE v. BENSON

No. 420A91.

417 S.E.2d 756 (1992)

331 N.C. 537

STATE of North Carolina v. Davey Lynn BENSON.

Supreme Court of North Carolina.

June 25, 1992.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Clarence J. DelForge, III, Asst. Atty. Gen., for the State.

Malcolm Ray Hunter, Jr., Appellate Defender by Gordon Widenhouse, Asst. Appellate Defender, for defendant-appellant.


MEYER, Justice.

On 11 December 1989, defendant, Davey Lynn Benson, was indicted for the first-degree murder of Joe F. Horne. On 14 January 1991, a second indictment was issued charging defendant with the robbery with a dangerous weapon of the same victim. Defendant was tried noncapitally for the murder.

The facts pertinent to our decision in this case are as follows. At approximately 8:30 a.m. on the morning of 19 July 1989, Donnie Lee Boykin sat with defendant...

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