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STATE v. WOMBLE

No. 28.

233 S.E.2d 534 (1977)

292 N.C. 455

STATE of North Carolina v. Willie Henderson WOMBLE.

Supreme Court of North Carolina.

April 14, 1977.

Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten and Associate Atty., Elizabeth C. Bunting, Raleigh, for the State.

Felix B. Clayton and William Land Parks, Durham, for defendant-appellant.

MOORE, Justice.

Defendant first contends that he was deprived of his liberty without due process of law under the Fifth and Fourteenth Amendments to the United States Constitution and under Article I, Section 19, of the North Carolina Constitution. This contention is based upon the premise that the felony-murder rule relieves the prosecution of the burden of proving beyond a reasonable doubt every element of the crime of first degree murder. More particularly, defendant...

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