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STATE v. MULLICAN

No. 379A89.

406 S.E.2d 854 (1991)

329 N.C. 683

STATE of North Carolina v. Thomas Nolen MULLICAN.

Supreme Court of North Carolina.

August 14, 1991.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by David Gordon, Asst. Atty. Gen., Greenville, for the State.

Frederick G. Lind, Asst. Public Defender, Greensboro, for defendant-appellant.

WEBB, Justice.

The question on this appeal is whether there was sufficient evidence to support the finding of the aggravating factors. We have held that a statement by the prosecuting attorney is not sufficient standing alone to find an aggravating factor. State v. Thompson, 309 N.C. 421, 307 S.E.2d 156 (1983). If opposing counsel stipulates to a statement it may be used to support the finding...

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