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STATE v. CONSTANCE

No. 50.

238 S.E.2d 294 (1977)

293 N.C. 581

STATE of North Carolina v. William Fred CONSTANCE.

Supreme Court of North Carolina.

November 11, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten and Asst. Atty. Gen. Isham B. Hudson, Jr., Raleigh, for the State.

Robert L. Harris, Rutherfordton, for defendant appellant.

MOORE, Justice.

Defendant's sole assignment of error is to the overruling of his motion to dismiss on the charge of murder in the first degree.

Murder in the first degree is the unlawful killing of a human being with malice and with premeditation and deliberation. State v. Davis, 289 N.C. 500, 223 S.E.2d 296 (1976); State v. Duboise, 279 N.C. 73

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