WEBB, Judge.
The defendant assigns error to the finding of factors in aggravation of the offense. We believe this assignment of error has merit. G.S. 15A-1340.4(a)(1) provides: "Evidence necessary to prove an element of the offense may not be used to prove any factor in aggravation ...." The court found as one aggravating factor that the offense was committed with a stolen pistol. In this case, to prove that the defendant killed the deceased, an element of manslaughter...
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