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STATE v. PAYNE

No. 600A83.

316 S.E.2d 64 (1984)

STATE of North Carolina v. James Leroy PAYNE.

Supreme Court of North Carolina.

June 5, 1984.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Evelyn M. Coman, Asst. Atty. Gen., Raleigh, for the State.

Stephen G. Royster, Mount Airy, for defendant-appellant.

MEYER, Justice.

Evidence at the sentencing hearing tended to show that on 30 September 1982 Santford Rucker, Andre McLeod, James Shuff and the defendant entered D'Amico's Grocery located on N.C. 103 near the Flatrock Community of Surry County. The defendant held the victim, sixty-eight year old Tullio D'Amico, while Rucker attempted to take the victim's wallet, and Shuff took money from the cash register. The defendant, with the assistance of McLeod, beat and kicked...

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