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STATE v. MONK

No. 28.

229 S.E.2d 163 (1976)

291 N.C. 37

STATE of North Carolina v. Isaac S. MONK.

Supreme Court of North Carolina.

November 4, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, Asst. Atty. Gen. Lester V. Chalmers, Jr., and Associate Atty. T. Lawrence Pollard, Raleigh, for the State.

Charles E. Rice, III, Wilmington, for defendant-appellant.

MOORE, Justice.

By his first two assignments of error defendant challenges the district attorney's decision to place him on trial for a capital crime, and the validity of the bill of indictment charging him with that offense. These assignments require little discussion in view of the holding of the Supreme Court of the United States in Woodson v. North Carolina, ___ U.S. ___, 96 S.Ct. 2978, 49 L.Ed.2d 944 (1976), invalidating the death penalty provisions of...

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