STATE v. MOXLEY

No. 8523SC321.

338 S.E.2d 122 (1985)

78 N.C. App. 551

STATE of North Carolina v. Harvey Lee MOXLEY and Bobby Joe Moxley.

Court of Appeals of North Carolina.

December 31, 1985.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Charles H. Hobgood, Asst. Atty. Gen., Raleigh, for the State.

Appellate Defender Adam Stein by Louis D. Bilionis, Asst. Appellate Defender, Raleigh, for Harvey Lee Moxley, defendant-appellant.

Paul W. Freeman, Jr., Wilkesboro, for Bobby Joe Moxley, defendant-appellant.


PARKER, Judge.

I

Common Issues

1. Death Qualification of Jurors

Defendants contend the court erred in permitting the case to be tried capitally and in permitting death qualification of the jury where the evidence was insufficient to obtain either a murder conviction or the death penalty. We disagree.

Prior to trial, both defendants filed motions for a pretrial hearing to determine the existence of aggravating circumstances...

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