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  5. 194 S.E.2d 858 (1973)
 

STATE v. CHANCE

No. 9.

194 S.E.2d 858 (1973)

283 N.C. 102

STATE of North Carolina v. Danny CHANCE.

Supreme Court of North Carolina.

March 14, 1973.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen. by Millard R. Rich, Jr., Asst. Atty. Gen., for the State.

Sol G. Cherry, Public Defender, for the defendant.

HIGGINS, Justice.

At the March 29, 1971 Session, Cumberland Superior Court, the defendant, Danny Chance, was tried and found guilty by the jury on four felony charges: (1) The kidnapping of James Earl Buckner; (2) the kidnapping of Gwen Davis; (3) the first degree murder of James Earl Buckner; and (4) the rape of Gwen Davis. The jury recommended life imprisonment on the murder charge, but failed to make any recommendation on the charge of rape.

The court imposed...

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