MITCHELL, Justice.
The defendant, Larry Noble Daniel, was indicted on 10 September 1990 on charges of murder and assault with a deadly weapon with intent to kill inflicting serious injury. He was tried capitally at the 7 October 1991 Criminal Session of Superior Court, Orange County. The jury returned verdicts of guilty of first-degree murder and of assault with a deadly weapon with intent to kill. During a capital sentencing proceeding, the jury was unable to unanimously...
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