STATE v. HOWELL

No. 12A92.

439 S.E.2d 116 (1994)

335 N.C. 457

STATE of North Carolina v. Franklin Dwayne HOWELL.

Supreme Court of North Carolina.

January 28, 1994.


Attorney(s) appearing for the Case

Michael E. Easley, Atty. Gen. by G. Patrick Murphy and John H. Watters, Special Deputy Attys. Gen., Raleigh, for the State.

Sam J. Ervin, IV, Morganton, for defendant-appellant.


FRYE, Justice.

Defendant appeals from the imposition of a sentence of death for a conviction of first-degree murder. We find no reversible error in the pretrial or guilt-innocence phases of defendant's trial. We do, however, find error in the sentencing phase requiring a new capital sentencing hearing. For the reason stated herein, we also remand the judgment sentencing defendant for robbery with a dangerous weapon.

Defendant was indicted for first-degree...

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