STATE v. WYNNE

No. 541A88.

406 S.E.2d 812 (1991)

329 N.C. 507

STATE of North Carolina v. Carl Smiley WYNNE.

Supreme Court of North Carolina.

August 14, 1991.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen., by Isaac T. Avery, III, Sp. Deputy Atty. Gen., and Linda Anne Morris, Asst. Atty. Gen., Raleigh, for the State.

Richard B. Glazier, Fayetteville, for defendant-appellant.


MARTIN, Justice.

Defendant was convicted of murder in the first degree and kidnapping and was sentenced to death. Our review of the record reveals no error in the guilt phase of defendant's trial. We vacate the sentence of death and remand for a new sentencing proceeding on the conviction of murder in the first degree.

The victim, Aaron Parker, was a mentally retarded black male, who lived with his family near Roanoke Rapids, North Carolina. On the evening...

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