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STATE v. MARSHALL

No. 12.

282 S.E.2d 422 (1981)

STATE of North Carolina v. Clinton MARSHALL.

Supreme Court of North Carolina.

October 6, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. M. Ann Reed, Raleigh, for the State.

Russell J. Hollers, Troy, for defendant-appellant.

BRITT, Justice.

Defendant's assignments of error numbers 1, 2, 3, 5 and 14 all relate to the sentencing phase of the trial. Since the jury at that phase returned a verdict favorable to defendant, the questions which he attempts to raise are moot and will not be decided. Jamison v. Kyles, 271 N.C. 722, 157 S.E.2d 550 (1967). We will consider and pass upon only those assignments relating to the...

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