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STATE v. HILL

No. 2.

170 S.E.2d 885 (1969)

STATE of North Carolina v. Marie HILL.

Supreme Court of North Carolina.

December 10, 1969.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., Ralph Moody, Deputy Atty. Gen., Carlos W. Murray, Jr., Raleigh, Staff Attorney, for the State.

J. LeVonne Chambers, Chambers, Stein, Ferguson & Lanning, Charlotte, Roy C. Boddie, Rocky Mount, for defendant.

North Carolina Civil Liberties Union, Norman B. Smith, Greensboro, Charles E. Lambeth, Jr., Thomasville, Kenneth S. Broun, Kenneth S. Penegar, Chapel Hill, amicus curiae.

HIGGINS, Justice.

Article XI, Section 2, North Carolina Constitution, provides: "* * * murder, arson, burglary, and rape, and these only, may be punishable with death, if the General Assembly shall so enact."

The General Assembly, by G.S. § 14-17, provided: "Murder in the first and second degree defined; punishment.—A murder which shall be perpetrated by means of poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful...

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