STATE v. MARLEY

No. 315A87.

364 S.E.2d 133 (1988)

321 N.C. 415

STATE of North Carolina v. Eugene Bryant MARLEY.

Supreme Court of North Carolina.

February 3, 1988.


Attorney(s) appearing for the Case

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

J. Kirk Osborn, Public Defender, Chapel Hill, for defendant-appellant.


EXUM, Chief Justice.

Defendant's assignments of error pertain to: (1) whether the trial court's instructions to the jury included a constitutionally impermissible presumption on an essential element of the offense; (2) whether the trial judge erred in finding in aggravation that the offense was especially heinous, atrocious or cruel, N.C.G.S. § 15A-1340.4(a)(1)(f); and (3) whether there was error in the trial court's finding in aggravation at the sentencing hearing...

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