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STATE v. BARTON

No. 210A92.

441 S.E.2d 295 (1994)

335 N.C. 696

STATE of North Carolina v. Herbert BARTON, Jr.

Supreme Court of North Carolina.

March 4, 1994.

Attorney(s) appearing for the Case

Michael F. Easley, Atty. Gen. by David F. Hoke, Asst. Atty. Gen., Raleigh, for the State.

Richard B. Glazier, Fayetteville, for defendant-appellant.

MITCHELL, Justice.

On 20 May 1991, a Robeson County Grand Jury indicted the defendant for first-degree murder, robbery with a dangerous weapon, felonious larceny, larceny of a firearm and conspiracy to commit murder. The defendant was tried capitally at the 18 May 1992 Criminal Session of Superior Court, Robeson County. The trial court dismissed the conspiracy charge at the close of the State's evidence. The jury returned...

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