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STATE v. DIXON

No. 680A86.

361 S.E.2d 562 (1987)

321 N.C. 111

STATE of North Carolina v. Floyd DIXON.

Supreme Court of North Carolina.

November 5, 1987.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Christopher P. Brewer, Sp. Deputy Atty. Gen., for the State.

Malcolm Ray Hunter, Jr., Appellate Defender by Louis D. Bilionis, Asst. Appellate Defender, for defendant-appellant.

WEBB, Justice.

The defendant's only assignment of error is to the charge to the jury. The court charged the jury in part as follows:

Neither premeditation nor deliberation are usually susceptible of direct proof. They may be proved by circumstances from which they may be inferred such as the lack of provocation by the victim, conduct of the defendant before, during and after the killing, threats and declarations of the defendant, use of grossly excessive...

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