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STATE v. CUNNINGHAM

No. COA99-1016.

536 S.E.2d 341 (2000)

STATE of North Carolina, v. Laton Sharmale CUNNINGHAM.

Court of Appeals of North Carolina.

October 17, 2000.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Assistant Attorney General Daniel P. O'Brien, for the State.

Appellate Defender Malcolm Ray Hunter, Jr., by Assistant Appellate Defender Daniel R. Pollitt, for defendant-appellant.

LEWIS, Judge.

Defendant was tried at the 31 March 1997 Session of Cabarrus County Superior Court on one count of first-degree murder of Loudeal Isom, one count of first-degree burglary, and one count of attempted armed robbery with a dangerous weapon. The State submitted two theories of first-degree murder to the jury: (1) premeditation and deliberation and (2) felony murder, with burglary as the underlying felony. (The State did not try to use the attempted robbery...

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