STATE v. STRICKLAND

No. 32PA82.

298 S.E.2d 645 (1983)

STATE of North Carolina v. Andrew D. STRICKLAND.

Supreme Court of North Carolina.

January 11, 1983.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Joan H. Byers, Asst. Atty. Gen., Raleigh, for the State.

Malcolm R. Hunter, Jr., Asst. Appellate Defender, Raleigh, for defendant-appellant.


MEYER, Justice.

Defendant first assigns as error the trial court's failure to instruct the jury on a charge of second degree murder. He quotes the following language appearing in our opinion of State v. Harris, 290 N.C. 718, 730, 228 S.E.2d 424, 432 (1976):

[I]n all cases in which the State relies upon premeditation and deliberation to support a conviction of murder in the first degree...

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