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STATE v. OLIVER

No. 368A92.

434 S.E.2d 202 (1993)

334 N.C. 513

STATE of North Carolina v. James Terry OLIVER.

Supreme Court of North Carolina.

September 10, 1993.

Attorney(s) appearing for the Case

Michael F. Easley, Atty. Gen., by Ellen B. Scouten, Asst. Atty. Gen., Raleigh, for the State.

Nora Henry Hargrove, Wilmington, for defendant-appellant.

PARKER, Justice.

Defendant was charged in indictments, proper in form, with first-degree murder, first-degree burglary, assault with a deadly weapon with intent to kill inflicting serious injury, and attempted armed robbery. The case was tried capitally on the theory of premeditated and deliberated murder and under the felony-murder rule. Defendant was convicted of first-degree murder under the felony-murder rule only and was found guilty as charged on the remaining...

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