STATE v. ATKINS

No. 838SC517.

310 S.E.2d 629 (1984)

STATE of North Carolina v. Larry James ATKINS.

Court of Appeals of North Carolina.

January 17, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Richard L. Kucharski, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Marc D. Towler, Raleigh, for defendant.


HILL, Judge.

Defendant brings forward four assignments of error relating to the trial court's instructions to a "deadlocked" jury and to the trial court's findings of factors in aggravation pursuant to the Fair Sentencing Act. We have reviewed each of these assignments and find no error.

The State's evidence tends to show that at approximately 6:20 a.m. on 22 May 1983, the prosecutrix was awakened by a man sitting on the edge of her bed. When the prosecutrix...

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