STATE v. MAYS

No. COA01-1387.

582 S.E.2d 360 (2003)

STATE of North Carolina v. Kawame Lloyd MAYS, Defendant.

Court of Appeals of North Carolina.

July 1, 2003.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General John G. Barnwell and Assistant Attorney General Robert C. Montgomery, for the State.

Center for Death Penalty Litigation, by Robert Manner Hurley, Durham, for defendant-appellant.


GEER, Judge.

A jury found defendant Kawame Lloyd Mays guilty of first degree murder in a retrial following the trial court's declaration of a mistrial. Defendant appeals, arguing that the trial court erred in various respects, including improperly instructing the jury in the first trial that they could not consider the charge of second degree murder unless they had unanimously acquitted defendant of first degree murder, an instruction commonly called an "acquit first...

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