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STATE v. PAYNE

No. 254A88.

402 S.E.2d 582 (1991)

328 N.C. 377

STATE of North Carolina v. Randy Joe PAYNE.

Supreme Court of North Carolina.

April 3, 1991.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen., by Ralf F. Haskell, Special Deputy Atty. Gen., Raleigh, for the State.

Benjamin G. Philpott and Franklin A. Bell, Lexington, for defendant-appellant.

EXUM, Chief Justice.

This appeal is from the second trial of this case. We ordered a new trial on defendant's first appeal in State v. Payne, 320 N.C. 138, 357 S.E.2d 612 (1987).

Defendant was tried and convicted on proper bills of indictment charging him with first degree murder (No. 83CRS16387) and first degree rape (No. 83CRS16747). We...

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