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STATE v. GELL

No. 469A98.

524 S.E.2d 332 (2000)

STATE of North Carolina v. James Alan GELL.

Supreme Court of North Carolina.

February 4, 2000.

Attorney(s) appearing for the Case

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

Nora Henry Hargrove, Wilmington, for defendant-appellant.

FRYE, Chief Justice.

Defendant was indicted on 7 August 1995 for first-degree murder, conspiracy to commit murder, armed robbery, and conspiracy to commit armed robbery. He was tried capitally, and the jury returned a verdict of guilty of first-degree murder on the basis of malice, premeditation, and deliberation; under the theory of lying in wait; and under the felony murder rule. The jury also found defendant guilty of conspiracy to commit murder, robbery with a...

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