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STATE v. McGIRT

No. 732.

139 S.E.2d 640 (1965)

263 N.C. 527

STATE v. David McGIRT.

Supreme Court of North Carolina.

January 15, 1965.

Attorney(s) appearing for the Case

Atty. Gen., T. W. Bruton and Asst. Atty. Gen., James F. Bullock, for the State.

L. J. Britt & Son, by L. J. Britt and Robert Weinstein, Lumberton, for defendant appellant.

PER CURIAM.

The State's evidence shows these facts: Defendant David McGirt and Modes McGirt were husband and wife, and lived in a house together. Charlie Calahan, after his release from serving a prison term in Florida, spent considerable time in defendant's home, in spite of defendant's protests. Defendant had also served a prison term for armed robbery. He (McGirt) had said "if he took one's life, he would take the other." On the night of 28 November 1963 Calahan...

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