STATE v. BENSON

No. 124A86.

372 S.E.2d 517 (1988)

323 N.C. 318

STATE of North Carolina v. Jon Lee BENSON.

Supreme Court of North Carolina.

October 6, 1988.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen., Christopher P. Brewer, Sp. Deputy Atty. Gen., William P. Hart, Asst. Atty. Gen., James J. Coman, Sr. Deputy Atty. Gen., William N. Farrell, Jr., Joan H. Byers, Sp. Deputy Attys. Gen., and Barry S. McNeill, Asst. Atty. Gen., Raleigh, for the state.

Geoffrey C. Mangum, Malcolm Ray Hunter, Jr., Appellate Defender, and Louis D. Bilionis, Asst. Appellate Defender, Winston-Salem for defendant.

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

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


MARTIN, Justice.

Defendant entered pleas of guilty to armed robbery and to murder in the first degree based upon the felony murder doctrine. After a sentencing hearing, defendant was sentenced to death on the murder charge, and judgment was arrested on the armed robbery charge. We determine the sentence of death to be disproportionate and therefore sentence defendant to life imprisonment.

The evidence, stated in summary, showed that on 20 August 1985, Melvin...

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