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STATE v. BLACKWELL

No. 38.

174 S.E.2d 534 (1970)

276 N.C. 714

STATE of North Carolina v. Tyrone William BLACKWELL.

Supreme Court of North Carolina.

June 12, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Deputy Atty. Gen. James F. Bullock, for the State.

James M. Hayes, Jr., and W. Warren Sparrow, Winston-Salem, for defendant.

BRANCH, Justice.

Defendant first contends that he is deprived of due process because the provisions of G.S. § 14-21 allowed the same jury in this capital case to determine his innocence or guilt and to recommend imprisonment for life upon a verdict of guilty.

Defendant correctly concedes that this argument is contrary to North Carolina authority. We adhere to the decisions of this Court. State v. Roseboro, 276 N.C. 185, 171 S.E.2d 886...

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