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STATE v. KELLER

No. 101.

256 S.E.2d 710 (1979)

297 N.C. 674

STATE of North Carolina v. Michael Dean KELLER.

Supreme Court of North Carolina.

July 30, 1979.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by Buie Costen, Sp. Deputy Atty. Gen., and Grayson G. Kelley, Associate Atty. Gen., Raleigh, for the State.

McElwee, Hall, McElwee & Cannon by John E. Hall and William H. McElwee, III, North Wilkesboro, for defendant-appellant.

EXUM, Justice.

The principal question presented is whether this Court will continue to adhere to the rule, most recently reaffirmed in State v. Harris, 290 N.C. 718, 228 S.E.2d 424 (1976), that in a prosecution for first degree murder on the theory of premeditation and deliberation the trial court must submit at least second degree murder as an alternative verdict. The answer is yes. For failure...

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