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STATE v. BARBOUR

No. 7515SC479.

220 S.E.2d 812 (1976)

28 N.C. App. 259

STATE of North Carolina v. Raymond Edward BARBOUR.

Court of Appeals of North Carolina.

Certiorari Denied and Appeal Dismissed March 2, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas B. Wood, Raleigh, for the State.

Fred Darlington, III, Graham, Felix B. Clayton and Thomas B. Anderson, Jr., Durham, for defendant-appellant.

Certiorari Denied and Appeal Dismissed by Supreme Court March 2, 1976.

BRITT, Judge.

Defendant assigns as error the denial of his timely made motions to dismiss all charges, particularly his motion to dismiss as to first-degree murder. The assignments have no merit.

Murder in the first degree is the unlawful killing of a human being with malice, premeditation and deliberation. State v. Moore,

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