STATE v. McMORRIS

No. 39.

225 S.E.2d 553 (1976)

290 N.C. 286

STATE of North Carolina v. Johnny McMORRIS.

Supreme Court of North Carolina.

June 17, 1976.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by James Wallace, Jr., Associate Attorney, Raleigh, for the State.

Peter L. Roda, Public Defender for the 28th Judicial District, Asheville, for defendant.


EXUM, Justice.

I

After the close of the evidence, defense counsel, in the jury's absence, moved to be allowed to inform the jury that conviction of burglary in the first degree would necessarily result in the imposition of a life sentence. The motion was denied by the trial court. The State and defendant stipulate that "the fact that a conviction of first degree burglary carried a mandatory life sentence was not mentioned by anyone in his argument." Defendant...

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