STATE v. SPIVEY

No. 9010SC648.

404 S.E.2d 23 (1991)

102 N.C. App. 640

STATE of North Carolina v. Lenn Edward SPIVEY.

Court of Appeals of North Carolina.

May 7, 1991.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by John R. Corne, Sp. Deputy Atty. Gen., Raleigh, for State.

McMillan, Kimzey & Smith by Duncan A. McMillan, Raleigh, for defendant-appellant.


GREENE, Judge.

On 9 December 1988, defendant was charged with first-degree rape and first-degree murder. At the close of the State's evidence at trial, the State voluntarily dismissed the charge of first-degree rape, and further informed the court that it would dismiss the charge of first-degree murder and proceed with second-degree murder. On 6 September 1989, the "death qualified" jury found defendant guilty of second-degree murder. Defendant appeals from a judgment...

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