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STATE v. BEALE

No. 64PA88.

376 S.E.2d 1 (1989)

324 N.C. 87

STATE of North Carolina v. Donald Ray BEALE, Jr.

Supreme Court of North Carolina.

February 9, 1989.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Joan H. Byers, Sp. Deputy Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender by Mark D. Montgomery, Asst. Appellate Defender, Raleigh, for defendant-appellant.

FRYE, Justice.

On 2 February 1987, the Grand Jury of Cumberland County returned a true bill on a two-count indictment charging that defendant, on 17 December 1986, 1) "unlawfully, willfully and feloniously did of malice aforethought kill and murder Donna Faye West Beale, in violation of North Carolina General Statutes Section 14-17"; and 2) "unlawfully, willfully and feloniously did employ an instrument, a 410 shotgun, on Donna Faye West Beale, a pregnant woman, by...

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