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STATE v. SMITH

No. COA96-341.

481 S.E.2d 425 (1997)

STATE of North Carolina v. Gary Marice SMITH.

Court of Appeals of North Carolina.

March 4, 1997.

Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by Hal F. Askins, Assistant Attorney General, for State.

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

WYNN, Judge.

Having been charged with the first degree murder of Cleveland Barden, Jr. on 7 November 1994, defendant Gary Marice Smith pled not guilty at his trial on 16 August 1995 in Columbus County Superior Court. As proof of his guilt, the State presented evidence which we summarize as follows:

On 6 November 1994, Floyd Baldwin, the deceased's brother, saw defendant go into Barden's trailer in Whiteville seeking...

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