STATE v. POPE

No. 91A89.

423 S.E.2d 746 (1992)

333 N.C. 116

STATE of North Carolina v. James F. POPE, III.

Supreme Court of North Carolina.

December 18, 1992.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen., Jane R. Garvey, Asst. Atty. Gen., and William N. Farrell, Jr., Special Deputy Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender by Gordon Widenhouse, Asst. Appellate Defender, Raleigh, for defendant-appellant.


EXUM, Chief Justice.

Defendant was convicted of armed robbery and first degree murder on a felony murder theory. The jury recommended the death sentence upon finding two aggravating circumstances: (1) previous conviction of a felony involving violence and (2) defendant's having committed the murder for pecuniary gain. See N.C.G.S. § 15A-2000(e)(3) and (6). The jury found no mitigating circumstances. As the State relied upon a theory of felony murder, the...

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