STATE v. McKOY

No. 585A85.

372 S.E.2d 12 (1988)

323 N.C. 1

STATE of North Carolina v. Dock McKOY, Jr. a/k/a Dock McCoy a/k/a Dock McKay a/k/a Paul McCoy.

Supreme Court of North Carolina.

September 7, 1988.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Steven F. Bryant, Asst. Atty. Gen., for the State (original brief and argument); Lacy H. Thornburg, Atty. Gen., James J. Coman, Senior Deputy Atty. Gen., William N. Farrell, Jr., Joan H. Byers, Sp. Deputy Attorneys. Gen., Steven F. Bryant, and Barry S. McNeill, Asst. Attys. Gen., Raleigh, for the State (supplemental brief and argument).

Malcolm Ray Hunter, Jr., Appellate Defender by David W. Dorey, Asst. Appellate Defender, for defendant-appellant (original brief and argument); Malcolm Ray Hunter, Jr., Appellate Defender, and Louis D. Bilionis, Raleigh, for defendant-appellant (supplemental brief and argument).

E. Ann Christian and Robert E. Zaytoun, Raleigh, for North Carolina Academy of Trial Lawyers, amicus curiae.

John A. Dusenbury, Jr., Asheville, for North Carolina Ass'n of Black Lawyers, amicus curiae.


WHICHARD, Justice.

Defendant was convicted of the first degree murder of Deputy William Kress Horne of the Anson County Sheriff's Department. The jury found as aggravating circumstances that defendant previously had been convicted of a felony involving violence and that the murder was committed against a deputy sheriff while engaged in the performance of official duties. It found as mitigating circumstances that defendant's capacity to appreciate the criminality of...

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