STATE v. GWYNN

No. 158PA07.

661 S.E.2d 706 (2008)

STATE of North Carolina v. Bryant Lamont GWYNN.

Supreme Court of North Carolina.

June 12, 2008.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Robert C. Montgomery, Special Deputy Attorney General, for the state-appellant.

Kathryn L. VandenBerg, Hillsborough, for defendant-appellee.


MARTIN, Justice.

A jury found defendant Bryant Lamont Gwynn guilty of robbery with a dangerous weapon and first-degree murder under the felony murder rule. The Court of Appeals granted defendant a new trial because it concluded that the trial court should have instructed the jury on second-degree murder as a lesser-included offense. We reverse.

The evidence admitted at trial showed the following: On 22 September 2003, defendant arranged to buy two pounds of...

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