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STATE v. FODDRELL

No. 129.

231 S.E.2d 618 (1977)

291 N.C. 546

STATE of North Carolina v. Wayne FODDRELL.

Supreme Court of North Carolina.

January 31, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, Deputy Atty. Gen. Jean A. Benoy, and Associate Atty. Noel Lee Allen, Raleigh, for the State.

Melzer A. Morgan, Jr., Reidsville, for defendant-appellant.

SHARP, Chief Justice.

Seven of defendant's 23 assignments of error relate to the legality and constitutionality of the death sentence. For the reasons stated in State v. Davis, 290 N.C. 511, 546-549, 227 S.E.2d 97, 118-20 (1976), the sentence of death imposed upon defendant must be vacated and one of life imprisonment substituted therefor. In our further consideration of this appeal, therefore...

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