STATE v. HAYES

No. COA97-697.

502 S.E.2d 853 (1998)

STATE of North Carolina v. John Frances HAYES.

Court of Appeals of North Carolina.

July 21, 1998.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Special Deputy Attorney General Alexander McC. Peters, for the State.

Rudolf & Maher, P.A. by David S. Rudolf, Thomas K. Maher, and M. Gordon Widenhouse, Jr., Chapel Hill; and Smith, Helms, Mulliss & Moore, L.L.P. by James G. Exum, Jr., Greensboro, for defendant-appellant.


GREENE, Judge.

John Frances Hayes (defendant) appeals a sentence of life imprisonment based upon a jury verdict finding him guilty of second-degree murder of his wife, Fran Hayes (Mrs. Hayes). This conviction came after the defendant's capital trial for first-degree murder.

Prior to the trial the State gave notice, pursuant to N.C. Gen.Stat. § 8C-1, Rule 804(b)(5), of its intent to offer into evidence certain statements made by Mrs. Hayes. The notice...

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