STATE v. DAVIS

No. 745A85.

386 S.E.2d 418 (1989)

325 N.C. 607

STATE of North Carolina v. Eugene DAVIS, Jr.

Supreme Court of North Carolina.

December 7, 1989.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by William P. Hart, Asst. Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender by Gordon Widenhouse, Asst. Appellate Defender, Raleigh, for defendant-appellant.


WHICHARD, Justice.

Defendant was convicted of murder in the first degree and common-law robbery. The jury recommended the death sentence for the murder, and the trial court sentenced accordingly. It imposed a sentence of ten years imprisonment for the robbery. Because we find prejudicial error in the sentencing phase on the murder charge, we remand for a new capital sentencing hearing. We find no error on the robbery charge.

The State's evidence tended to...

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