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STATE v. CUNNINGHAM

No. 232A91.

429 S.E.2d 718 (1993)

333 N.C. 744

STATE of North Carolina v. Calvin Christmas CUNNINGHAM.

Supreme Court of North Carolina.

June 4, 1993.

Attorney(s) appearing for the Case

Michael F. Easley, Atty. Gen. by Isaac T. Avery, III, Sp. Deputy Atty. Gen., Linda M. Fox and Robert T. Hargett, Asst. Attys. Gen., Raleigh, for the State.

Thomas F. Loflin III, Durham, for defendant-appellant.

EXUM, Chief Justice.

Defendant Calvin Christmas Cunningham was capitally tried for the first-degree murder of Charlotte Police Officer Terry Lyles. The evidence tended to show that on 5 August 1990 defendant, while seated in the rear of Officer Lyles' police cruiser, shot Officer Lyles in the head. Prior to the shooting, defendant had been in custody following his arrest for communicating threats to police officers during a domestic disturbance. The jury found defendant...

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