STATE v. ROBINSON

No. 689A84.

395 S.E.2d 402 (1990)

327 N.C. 346

STATE of North Carolina v. Eddie Carson ROBINSON.

Supreme Court of North Carolina.

August 29, 1990.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen., Elizabeth G. McCrodden, Associate Atty. Gen., James J. Coman, Sr. Deputy Atty. Gen., William N. Farrell, Jr. and Joan H. Byers, Sp. Deputy Attys. Gen., Raleigh, for the State.

H. Goldston Womble, Jr. and James R. Melvin, Elizabethtown, for defendant appellant.

E. Ann Christian, Robert E. Zaytoun and John A. Dusenbury, Jr., Asheville, for North Carolina Academy of Trial Lawyers, amicus curiae.


EXUM, Chief Justice.

Defendant brings forward several assignments of error and contends he is entitled to a new trial or, alternatively, a new sentencing proceeding. We hold defendant's trial was free from reversible error but that the decision in McKoy v. North Carolina, ___ U.S. ___, 110 S.Ct. 1227, 108 L.Ed.2d 369 (1990) entitles him to a new sentencing proceeding.

I.

Defendant was indicted on 31 May 1984 for the first degree murders of...

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