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STATE v. WOOTEN

No. 38.

245 S.E.2d 699 (1978)

STATE of North Carolina v. James Edward WOOTEN.

Supreme Court of North Carolina.

July 14, 1978.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by Donald W. Grimes, Associate Atty., Raleigh, for the State of North Carolina.

Gerald L. Bass, Raleigh, for defendant-appellant.

HUSKINS, Justice:

By his first assignment defendant contends the trial court erred in denying his motion for judgment as of nonsuit and submitting the issue of his guilt of first degree murder to the jury.

The record reveals that the State proceeded on the theory that defendant killed Tucker while robbing him, i. e., felony murder; this was the only theory of first degree murder submitted to the jury. Defendant...

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