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STATE v. SPARKS

No. 26.

207 S.E.2d 712 (1974)

285 N.C. 631

STATE of North Carolina v. Kelly Dean SPARKS.

Supreme Court of North Carolina.

August 30, 1974.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Thomas B. Wood, Raleigh, for the State.

Smith, Carrington, Patterson, Follin & Curtis by Norman B. Smith, Greensboro, for defendant-appellant.

MOORE, Justice.

Defendant first contends that the court erred in excusing prospective jurors for cause due to their scruples against capital punishment.

The parties stipulated:

"Seven jurors were challenged by the State and excused by the Court for cause upon the grounds that they possessed conscientious scruples against the imposition of capital punishment and because of these views would not consider...

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