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STATE v. PERRY

No. 416.

144 S.E.2d 591 (1965)

265 N.C. 517

STATE of North Carolina v. Arthur Lewis PERRY.

Supreme Court of North Carolina.

November 3, 1965.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Ralph Moody, and Staff Attorney Andrew A. Vanore, Jr., Raleigh, for the State.

McKissick & Burt, by M. C. Burt, Jr., Durham, for defendant appellant.

PARKER, Justice.

Both counts in the indictment charge defendant with burglary in the first degree, a violation of G.S. § 14-51. G.S. § 14-52 provides that any person convicted, according to due course of law, of the crime of burglary in the first degree shall suffer death, with a proviso that if the jury when rendering its verdict in open court shall so recommend, the punishment shall be imprisonment for life in the State's prison, and the court shall so...

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