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STATE v. COOK

No. 146.

96 S.E.2d 842 (1957)

245 N.C. 610

STATE v. George Cecil COOK, Jr.

Supreme Court of North Carolina.

March 6, 1957.

Attorney(s) appearing for the Case

C. C. Horn and A. A. Powell, Shelby, for defendant-appellant.

Atty. Gen. George B. Patton and Asst. Atty. Gen. T. W. Bruton for the State.

PER CURIAM.

The theory of the State's case was that of murder committed in the perpetration or attempt to perpetrate the felony of robbery. The jury were instructed that they might return a verdict of guilty of murder in the first degree, or a verdict of guilty of murder in the first degree with recommendation of life imprisonment, or a verdict of not guilty.

As in State v. Carter, 243 N.C. 106, 89 S.E.2d 789...

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