STATE v. HARTMAN

No. 531A94.

476 S.E.2d 328 (1996)

344 N.C. 445

STATE of North Carolina v. Edward Ernest HARTMAN.

Supreme Court of North Carolina.

October 11, 1996.


Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by G. Patrick Murphy, Special Deputy Attorney General, for State.

Malcolm Ray Hunter, Jr., Appellate Defender by Staples Hughes, Assistant Appellate Defender, for defendant-appellant.


ORR, Justice.

On 3 June 1993, twenty-eight-year-old defendant, Edward Ernest Hartman, shot Herman Smith, Sr., at close range in the back of the head while Mr. Smith was sitting in his recliner watching television. Mr. Smith was between seventy-two and seventy-seven years old, was in poor health, weighed only ninety-three pounds, and was suffering from emphysema at the time he was killed.

Defendant was indicted for first-degree murder and armed robbery and...

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