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STATE v. ERICKSON

No. 95P07.

649 S.E.2d 638 (2007)

STATE of North Carolina v. Scott Robert ERICKSON.

Supreme Court of North Carolina.

May 3, 2007.

Attorney(s) appearing for the Case

Thomas K. Maher, for Erickson.

Neil Dalton, Special Deputy Attorney General, Tom Horner, District Attorney, for State of NC.

Prior report: ___ N.C.App. ___, 640 S.E.2d 761.

ORDER

Defendant's petition for discretionary review is allowed for the limited purpose to review Issue No. 1 (that it was plain error for the court not to instruct the jury on second-degree murder). As to all other issues, discretionary review is denied.

By order of the Court in Conference, this 3rd day...

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