STATE v. VANDIVER

No. 8812SC693.

376 S.E.2d 17 (1989)

92 N.C. App. 695

STATE of North Carolina v. Mildred Watkins VANDIVER.

Court of Appeals of North Carolina.

February 7, 1989.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Edmond W. Caldwell, Jr., Raleigh, for state.

Office of the Appellate Defender by Asst. Appellate Defender Staples Hughes, Raleigh, for defendant-appellant.


WELLS, Judge.

Defendant presents two questions in this appeal. In her second argument, defendant contends that the State should be "estopped" from asserting premeditation and deliberation as an aggravating factor in sentencing on a conviction of second degree murder based on an indictment which only charges second degree murder. In support of this argument, defendant relies chiefly upon the reasoning and result reached by our Supreme Court in State v. Marley,<...

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