STATE v. NANCE

No. COA02-750.

579 S.E.2d 456 (2003)

STATE of North Carolina v. Phillip NANCE.

Court of Appeals of North Carolina.

May 6, 2003.


Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III by Assistant Attorney General Dennis P. Myers, for the State.

Ferguson, Stein, Chambers, Wallas, Adkins, Gresham & Sumter, P.A. by Henderson Hill, Karl Adkins, and C. Margaret Errington, Charlotte, for defendant-appellant.


MARTIN, Judge.

Defendant was indicted for the murder of Sharon Renee Smith and was tried capitally. He appeals from a judgment entered upon his conviction of voluntary manslaughter.

The State's evidence tended to show that defendant and Sharon Renee Smith were boyfriend and girlfriend and resided together. Smith's thirteen-year-old daughter, Mahogany Welch, who lived in the house with Smith and defendant, testified that she was awakened around 11:30 a.m. on...

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