STATE v. MONTGOMERY

No. 265A90.

417 S.E.2d 742 (1992)

331 N.C. 559

STATE of North Carolina v. Rodney Lee MONTGOMERY.

Supreme Court of North Carolina.

June 25, 1992.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Joan Herre Byers, Sp. Deputy Atty. Gen., and Valerie B. Spalding, Asst. Atty. Gen., Raleigh, for State.

Kenneth J. Rose, Durham, for defendant-appellant.


MITCHELL, Justice.

The defendant was convicted of first-degree murder, robbery with a dangerous weapon, first-degree burglary, and attempted first-degree rape. The jury recommended a sentence of death for the conviction of first-degree murder. The defendant raised thirty-six assignments of error on appeal. We do not reach all these assignments of error because, for the reasons stated below, we grant the defendant a new trial.

Some of the State's evidence at...

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