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STATE v. FREEMAN

No. 300A88.

387 S.E.2d 158 (1990)

326 N.C. 40

STATE of North Carolina v. Kenneth FREEMAN.

Supreme Court of North Carolina.

January 18, 1990.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Ellen B. Scouten, Asst. Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender by Staples Hughes, Asst. Appellate Defender, Raleigh, for defendant appellant.

WEBB, Justice.

The defendant argues to this Court that there was insufficient evidence of premeditation and deliberation to submit to the jury. He says this is so because there is no evidence the defendant intended to kill the victim. For this reason, says the defendant, the only theory upon which the murder conviction can stand is felony murder, which means the conviction of burglary must be arrested. See State v. Small, 293 N.C. 646

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