STATE v. STUKES

No. COA01-1565.

571 S.E.2d 241 (2002)

STATE of North Carolina v. Stevie Odell STUKES.

Court of Appeals of North Carolina.

November 5, 2002.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General John G. Barnwell, for the State.

Nora Henry Hargrove, Wilmington, for defendant-appellee.


TYSON, Judge.

The State appeals from Judge Lanier's order granting defendant's motion for appropriate relief on the basis of newly discovered evidence. We affirm.

I. Facts

Stevie Odell Stukes, ("defendant"), was tried and found guilty of first degree murder, robbery with a dangerous weapon, and discharging a weapon into occupied property. The State's evidence tended to show that LaLa Faison was visiting with J.W. Merritt ("victim") on a dirt...

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