STATE v. GABRIEL

No. COA09-1669.

700 S.E.2d 127 (2010)

STATE of North Carolina v. Damien Lanel GABRIEL.

Court of Appeals of North Carolina.

October 19, 2010.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Special Deputy Attorney General H. Dean Bowman , for the State.

Appellate Defender Staples Hughes , by Assistant Appellate Defender Constance E. Widenhouse , for Defendant.


STEPHENS, Judge.

Facts

On 28 August 2006, Defendant Damien Lanel Gabriel was indicted in Mecklenburg County, North Carolina on one count of first-degree murder and one count of assault with a deadly weapon with intent to kill inflicting serious injury. Defendant pled not guilty to the charges and was tried by a jury in Mecklenburg County Superior Court.

The evidence presented at trial tended to show the following: On the evening of 3 August...

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