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STATE v. McNEIL

No. 37A87.

375 S.E.2d 909 (1989)

324 N.C. 33

STATE of North Carolina v. Leroy McNEIL.

Supreme Court of North Carolina.

February 9, 1989.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Ellen B. Scouten, Asst. Atty. Gen., Raleigh, for state (original brief and argument).

Lacy H. Thornburg, Atty. Gen., James J. Coman, Sr. Deputy Atty. Gen., William N. Farrell, Jr., Sp. Deputy Atty. Gen., Joan H. Byers, Sp. Deputy Atty. Gen., Barry S. McNeill, Asst. Atty. Gen., and Ellen B. Scouten, Asst. Atty. Gen., Raleigh, for state (supplemental brief and argument).

Malcolm Ray Hunter, Jr., Appellate Defender by Gordon Widenhouse, Asst. Appellate Defender, Raleigh, for defendant-appellant (original brief and argument).

Malcolm Ray Hunter, Jr., Appellate Defender, Louis D. Bilionis, Asst. Appellate Defender, and Gordon Widenhouse, Asst. Appellate Defender, 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 two counts of first degree murder on the basis of premeditation and deliberation and under the felony murder rule. The court submitted and the jury found three aggravating circumstances in the murder of Elizabeth Stallings: defendant previously had been convicted of a felony involving the use of violence to the person, the murder took place during the commission of robbery with a firearm, and the murder was especially...

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