STATE v. BROWN

No. 65A85.

358 S.E.2d 1 (1987)

320 N.C. 179

STATE of North Carolina v. Thomas Jack BROWN.

Supreme Court of North Carolina.

July 7, 1987.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by David Roy Blackwell, Asst. Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender by Geoffrey C. Mangum, Asst. Appellate Defender, Raleigh, for defendant-appellant.


WHICHARD, Justice.

This is a case of murder perpetrated by lying in wait. See N.C.G.S. 14-17 (1986). The victim, Wayne Gerald, who had been working at his desk at home the evening of 5 May 1984, was killed by a single shotgun blast fired through the window beside him. He died instantaneously.

In pertinent part, the evidence at trial showed the following:

Around five o'clock the afternoon of 5 May 1984 defendant's brother Ray Brown and his friend...

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