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STATE v. JOHNSTON

No. 200A89.

417 S.E.2d 228 (1992)

331 N.C. 680

STATE of North Carolina v. Joe Cephus JOHNSTON, Jr. & Morris Wayne Johnson.

Supreme Court of North Carolina.

June 25, 1992.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Steven F. Bryant, Sp. Deputy Atty. Gen., Raleigh, for State.

Malcolm Ray Hunter, Jr., Appellate Defender by Mark D. Montgomery, Asst. Appellate Defender, Raleigh, for defendant-appellant Joe Cephus Johnston, Jr.

Harry H. Harkins, Jr., Durham, for defendant-appellant Morris Wayne Johnson.

MITCHELL, Justice.

The defendants were each tried upon proper indictments charging them with murder. The jury found both defendants guilty of murder in the first degree. At the conclusion of a capital sentencing proceeding, the jury recommended a sentence of death for the defendant Joe Cephus Johnston, Jr., and a sentence of life imprisonment for the defendant Morris Wayne Johnson. The trial court imposed the respective...

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