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STATE v. ATKINS

No. 14.

284 S.E.2d 296 (1981)

STATE of North Carolina v. Henry Ford ATKINS.

Supreme Court of North Carolina.

December 1, 1981.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Harry H. Harkins, Jr., Asst. Atty. Gen., Raleigh, for State of North Carolina.

Benjamin R. Wrenn, Reidsville, for defendant-appellant, Henry Ford Atkins.

MEYER, Justice.

Defendant was charged in separate bills of indictment, proper in form, with murder in the first degree and assault with a deadly weapon with intent to kill inflicting serious injury. He pled not guilty to each charge and they were consolidated for trial.

The evidence at trial tended to show that during the late afternoon hours of 24 March 1980, as the defendant was returning from a grocery store...

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