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STATE v. BATES

No. 145A91-2.

473 S.E.2d 269 (1996)

343 N.C. 564

STATE of North Carolina v. Joseph Earl BATES.

Supreme Court of North Carolina.

July 31, 1996.

Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by David F. Hoke, Assistant Attorney General, for the State.

W. David Lloyd, Greensboro, for defendant-appellant.

FRYE, Justice.

Defendant, Joseph Earl Bates, was indicted on 29 October 1990 for the murder and the first-degree kidnapping of Charles Edwin Jenkins. He was tried capitally in February 1991, found guilty of one count of first-degree murder and one count of first-degree kidnapping, and sentenced to death for the first-degree murder conviction. On appeal, we awarded defendant a new trial. State v. Bates, 333 N.C. 523,

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