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STATE v. COOK

No. 262A92.

433 S.E.2d 730 (1993)

334 N.C. 564

STATE of North Carolina v. Frederick Orlando COOK and Timothy Devon Smith.

Supreme Court of North Carolina.

September 10, 1993.

Attorney(s) appearing for the Case

Michael F. Easley, Atty. Gen. by Thomas F. Moffitt, Sp. Deputy Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender by Gordon Widenhouse, Asst. Appellate Defender, Raleigh, for defendant Frederick Orlando Cook.

Walter T. Johnson, Jr., Greensboro, for defendant Timothy Devon Smith.

FRYE, Justice.

Defendants, Frederick Orlando Cook and Timothy Devon Smith, were indicted on 27 January 1992 for first-degree murder and discharging a firearm into occupied property. An order for joinder was filed on 4 March 1992. Defendants were tried non-capitally and found guilty. As to each defendant, a sentence of life imprisonment was imposed for the first-degree murder, and judgment on the underlying felony was arrested.

Each defendant brings forth two...

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