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STATE v. STANLEY

No. 635A82.

312 S.E.2d 393 (1984)

310 N.C. 332

STATE of North Carolina v. Charles David STANLEY.

Supreme Court of North Carolina.

March 6, 1984.

Attorney(s) appearing for the Case

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

Adam Stein, Appellate Defender by Ann B. Petersen and Malcolm Ray Hunter, Jr., Assistant Appellate Defenders, James R. Glover, Asst. Appellate Defender, Appellate Defender Clinic, Raleigh, for defendant-appellant.

EXUM, Justice.

The dispositive issue in this appeal concerns the propriety of permitting the jury to consider whether the murder committed by defendant was "especially heinous, atrocious, or cruel," as those terms are used in N.C.Gen.Stat. § 15A-2000(e)(9). After a careful review of the facts and our prior decisions, we conclude this aggravating factor should not have been submitted to the jury. Since this is the only...

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