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STATE v. IRWIN

No. 26.

282 S.E.2d 439 (1981)

STATE of North Carolina v. Laverne Ray IRWIN.

Supreme Court of North Carolina.

October 6, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Isaac T. Avery, III and Associate Atty. Gen. Grayson G. Kelley, Raleigh, for the State.

Herbert B. Hulse, Goldsboro, for defendant-appellant.

BRITT, Justice.

PHASE I—GUILT DETERMINATION

A. Felony-Murder.

Defendant assigns as error the trial court's denial of his motion to dismiss the charge of first-degree murder based on the felony murder rule. He argues that the evidence was not sufficient to support a verdict based on that rule. There is no merit in this assignment.

G.S. 14-17 provides in pertinent part: "A murder ... which shall be committed in the perpetration...

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