STATE v. WILLIAMS

No. 9312SC985.

447 S.E.2d 817 (1994)

STATE of North Carolina v. Nathaniel WILLIAMS

Court of Appeals of North Carolina.

September 6, 1994.


Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. David M. Parker and Associate Atty. Gen. Thomas O. Lawton, III, Raleigh, for state.

Public Defender Malcolm Ray Hunter, Jr. by Asst. Public Defender Benjamin Sendor, Durham, for defendant-appellant.


EAGLES, Judge.

Defendant brings forward five assignments of error. After careful consideration, we find no error in the admission of evidence seized pursuant to an emergency warrantless search which closely followed an initial sweep by the first responding officers. We also find no error in: 1) refusing to instruct the jury to consider diminished capacity in evaluating malice, 2) aggravating defendant's sentence because of the large quantity of drugs found at the...

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