STATE v. CANIPE

No. 8213SC1217.

306 S.E.2d 548 (1983)

STATE of North Carolina v. Lloyd Alfred CANIPE.

Court of Appeals of North Carolina.

September 20, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. K. Michele Allison, Raleigh, for the State.

Walton, Fairley & Jess by Ray H. Walton and William F. Fairley, Southport, for defendant-appellant.


ARNOLD, Judge.

The defendant first contends that the trial judge improperly considered evidence initially used to prove an element of the crime of larceny by an employee to also prove aggravating factors in violation of G.S. 15A-1340.4(a)(1), which states in part that "[e]vidence necessary to prove an element of the offense may not be used to prove any factor in aggravation, and the same item of evidence may not be used to prove more than one factor in aggravation...

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