STATE v. GASTON

No. COA13-1.

748 S.E.2d 21 (2013)

STATE of North Carolina v. Marty Tarrell GASTON.

Court of Appeals of North Carolina.

September 3, 2013.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Richard J. Votta , for the State.

Tin Fulton Walker & Owen, PLLC, by Matthew G. Pruden and Noell P. Tin , for Defendant.


STEPHENS, Judge.

Procedural History and Evidence at Trial

This case arises from the shooting death of Larry Gaither ("the decedent"), which occurred at the home of the decedent's cousin, Sheree Thomas ("Thomas"), in the early morning hours of 11 October 2008. On the night of 10 October 2008. the decedent gathered with a number of other individuals at Thomas's home to celebrate Thomas's album release. It is undisputed that, in the early morning hours...

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