STATE v. ROBBINS

No. 3.

169 S.E.2d 858 (1969)

275 N.C. 537

STATE of North Carolina v. Ferrell ROBBINS.

Supreme Court of North Carolina.

October 16, 1969.


Attorney(s) appearing for the Case

Atty. Gen. Robert B. Morgan, and Deputy Atty. Gen. Ralph Moody, for the State.

J. Nat Hamrick, Rutherfordton, for defendant.


BRANCH, Justice.

Defendant moved for judgment as of nonsuit on the first degree murder charge at the conclusion of the State's evidence and at the close of all the evidence. He assigns as error the failure of the court to grant his motions.

Murder in the first degree is the unlawful killing of a human being with malice and with premeditation and deliberation. A specific intent to kill is a necessary constituent of the elements of premeditation and deliberation...

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