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STATE v. HOLMES

No. 24PA91.

412 S.E.2d 660 (1992)

330 N.C. 826

STATE of North Carolina v. Benjamin F. HOLMES & Bernard Penn.

Supreme Court of North Carolina.

January 31, 1992.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Mabel Y. Bullock, Asst. Atty. Gen., Raleigh, for State.

Malcolm Ray Hunter, Jr., Appellate Defender by Daniel R. Pollitt, Asst. Appellate Defender, for defendant-appellee Penn.

FRYE, Justice.

Defendants Holmes and Penn were tried together for the murder of "Danny Boy" Hooper. The State's evidence showed that on 11 January 1988, Holmes, Penn, and the deceased left a liquor house in an automobile driven by Penn. Approximately twenty-four hours later, Hooper's body was found lying in some woods in Winston-Salem.

The State called as a witness Debra Penn, the wife of defendant Penn and the...

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