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STATE v. ADAMS

No. 1.

85 S.E.2d 918 (1955)

241 N.C. 559

STATE v. Fred ADAMS.

Supreme Court of North Carolina.

March 2, 1955.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., and Claude L. Love, Asst. Atty. Gen., for the State.

O. L. Anderson, Murphy, for defendant, appellant.

BOBBITT, Justice.

Both in first degree murder and in second degree murder, there must be an unlawful killing with malice. The State must satisfy the jury from the evidence beyond a reasonable doubt of the presence of these indispensable elements. To convict of first degree murder the State must also satisfy the jury from the evidence beyond a reasonable doubt that the killing was "willful, deliberate and premeditated." G.S. § 14-17.

When the State satisfies...

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