STATE v. CUMMINGS

No. 4A95.

488 S.E.2d 550 (1997)

346 N.C. 291

STATE of North Carolina v. Daniel CUMMINGS, Jr.

Supreme Court of North Carolina.

July 24, 1997.


Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by Thomas S. Hicks, Special Deputy Attorney General, for the State.

William F.W. Massengale and Marilyn G. Ozer, Chapel Hill, for defendant-appellant.


ORR, Justice.

This case arises out of the murder of Burns Babson. At the time of his death, Mr. Babson was operating a store which was located within fifty feet of his home in Ash, North Carolina, where he resided with his wife of over fifty-two years. On 23 May 1994, defendant was indicted for first-degree murder, robbery with a dangerous weapon, and assault with a deadly weapon with intent to kill arising out of the slaying of Mr. Babson. Defendant was tried before...

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