STATE v. MONTGOMERY

No. 46.

229 S.E.2d 572 (1976)

291 N.C. 91

STATE of North Carolina v. John Newman MONTGOMERY.

Supreme Court of North Carolina.

November 4, 1976.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by Charles M. Hensey, Asst. Atty. Gen., Raleigh, for the State.

D. Blake Yokley, Winston-Salem, for defendant.


LAKE, Justice.

The defendant attacks the judgment of the Superior Court alternatively. First, he contends that he is entitled to a new trial for errors in the admission of evidence, in the instructions of the court to the jury and in the denial of certain pretrial motions. Second, he contends that, if the trial was free from error in these respects, the imposition of the sentence to death was a violation of his rights under the Constitution of the United States.<...

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