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STATE v. BERNARD

No. 5.

218 S.E.2d 327 (1975)

288 N.C. 321

STATE of North Carolina v. Larry BERNARD.

Supreme Court of North Carolina.

October 7, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. E. M. Speas, Jr., and Associate Attorney Joan H. Byers, Raleigh, for the State.

Mathias P. Hunoval, Wilmington, for defendant appellant.

BRANCH, Justice.

Defendant's principal assignment of error is that his constitutional rights were violated by the exclusion of jurors who voiced only general objections to the death penalty. He relies upon the rule set forth in Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776. In Witherspoon, the jury was entrusted with two responsibilities: (1) to determine whether defendant was guilty or innocent...

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