STATE v. McCAIL

No. COA01-211.

565 S.E.2d 96 (2002)

STATE of North Carolina v. Aaron Lee McCAIL.

Court of Appeals of North Carolina.

June 18, 2002.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General James Peeler Smith, for the State.

Edwin L. West, III, P.L.L.C., by Edwin L. West, III, Wilmington, for defendant-appellant.


CAMPBELL, Judge.

Defendant, a black male, was indicted on 26 May 1998 by the Caldwell County Grand Jury for the armed robbery and murder of Jennifer Butler Cox ("Jennifer"). Defendant pled not guilty and was tried capitally before a jury at the 11 October 1999 Criminal Session of the Caldwell County Superior Court, Judge Timothy S. Kincaid presiding. The following evidence was introduced at trial:

The State's evidence tended to show that shortly before midnight...

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