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STATE v. McLAUGHLIN

No. 637A84.

408 S.E.2d 732 (1991)

330 N.C. 66

STATE of North Carolina v. Elton Ozell McLAUGHLIN.

Supreme Court of North Carolina.

October 3, 1991.

Attorney(s) appearing for the Case

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

Malcolm Ray Hunter, Jr., Appellate Defender, for defendant-appellant.

WEBB, Justice.

The State concedes the jury charge in this case is in error under McKoy but it argues such error is harmless beyond a reasonable doubt. N.C.G.S. § 15A-1443(b) (1988). It says this is so because although the jury was instructed that it must be unanimous in order to find a mitigating circumstance, it was not instructed that failure to agree on a mitigating circumstance did not mean the circumstance...

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