STATE v. PICKENS

No. 121A92.

440 S.E.2d 552 (1994)

335 N.C. 717

STATE of North Carolina v. Charles L. PICKENS, Jr., and James Edward Arrington.

Supreme Court of North Carolina.

March 4, 1994.


Attorney(s) appearing for the Case

Michael F. Easley, Atty. Gen. by Valerie B. Spalding, Asst. Atty. Gen., Raleigh, for State.

Robert W. Clark and Curtiss A. Graham, Asst. Public Defenders, Asheville, for defendant-appellant Pickens.

David G. Belser, Asheville, for defendant-appellant Arrington.


FRYE, Justice.

Defendants were indicted on 7 May 1990 for first-degree murder and discharging a firearm into occupied property. The State's motion for joinder was allowed on 13 April 1991. Defendants were tried capitally and found guilty of all charges. On the firstdegree murder charge, the jury rejected a theory of premeditation and deliberation and found both defendants guilty based on a theory of felony murder. The trial court determined that there was insufficient...

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