STATE v. BERRY

No. 389A01.

573 S.E.2d 132 (2002)

356 N.C. 490

STATE of North Carolina v. Kyle O. BERRY.

Supreme Court of North Carolina.

December 20, 2002.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by John H. Watters, Special Deputy Attorney General, for the State.

Thomas K. Maher, Chapel Hill, for defendant-appellant.


EDMUNDS, Justice.

Defendant Kyle Berry was indicted for the first-degree murder of Margaret Theresa Fetter. He was convicted on the basis of premeditation and deliberation and sentenced to death.

The State presented evidence that Timothy Ratliff was eating at a McDonald's restaurant in Wilmington on 5 November 1998. He was approached by Bobby Autry, who asked for a cigarette. Autry, accompanied by Theresa Fetter, the victim, later returned to Ratliff and asked...

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