STATE v. THOMAS

No. COA08-599.

673 S.E.2d 372 (2009)

STATE of North Carolina v. Mark Stephen THOMAS.

Court of Appeals of North Carolina.

March 3, 2009.


Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, by Special Deputy Attorney General Ronald M. Marquette, for the State.

Appellate Defender Staples Hughes, by Assistant Appellate Defender Anne M. Gomez, Durham, for Defendant.


BEASLEY, Judge.

Mark Stephen Thomas (Defendant) appeals from judgment entered on his conviction of second-degree murder. Because the trial court erroneously deprived Defendant of his right to use his remaining peremptory challenge, we hold Defendant is entitled to a new trial.

The evidence tended to show the following: on 11 October 2006, Defendant shot and killed Christopher Brynarsky (Brynarsky) at Brynarsky's car repair shop. Brynarsky was the owner of...

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