STATE v. OLIVER

No. 78.

274 S.E.2d 183 (1981)

STATE of North Carolina v. John Wesley OLIVER and George Moore, Jr.

Supreme Court of North Carolina.

January 27, 1981.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Tiare Bowe Smiley, Asst. Atty. Gen., Raleigh, for the state.

Murchison, Fox & Newton by Frank B. Gibson, Jr., Wilmington, for defendant-appellant Oliver.

Robert D. Jacobson, Lumberton, for defendant-appellant Moore.


EXUM, Justice.

Defendants assign a multitude of errors to the guilt and sentence determination phases of the trial. Many are frivolous; because, however, this is a capital case, we touch upon them all.2 We find no error in the guilt phase warranting a new trial. For error in the sentencing phase we vacate the death sentences and remand those cases in which the death penalty was imposed for new sentencing hearings and determinations.

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