STATE v. SMITH

No. 277A85.

358 S.E.2d 329 (1987)

320 N.C. 404

STATE of North Carolina v. Terry William SMITH.

Supreme Court of North Carolina.

July 28, 1987.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Dennis P. Myers, Asst. Atty. Gen., Raleigh, for the State.

T. Chandler Muse and Eugene W. Muse, Tarboro, for defendant-appellant.


WHICHARD, Justice.

Defendant was convicted of assault with a deadly weapon on Dorothy Bottoms and the first degree murder of her husband, John H. Bottoms. He was sentenced to a term of twenty years imprisonment on the assault conviction and to death for the first degree murder conviction. Evidence pertinent to the arguments presented is set forth infra. We find no error in the guilt phase but remand for a new sentencing hearing.

GUILT PHASE

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