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STATE v. STEPP

No. COA13-46.

753 S.E.2d 485 (2014)

STATE of North Carolina v. Joshua Andrew STEPP.

Court of Appeals of North Carolina.

January 21, 2014.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Anne M. Middleton and Sherri Horner Lawrence , for the State.

Appellate Defender Staples Hughes , by Assistant Appellate Defender Barbara S. Blackman , for Defendant.

DILLON, Judge.

Joshua Andrew Stepp (Defendant) appeals from a judgment sentencing him to lifetime imprisonment, based on a jury verdict finding him guilty of first-degree murder, under the felony murder rule, for the death of his ten-month old stepdaughter Cathy.1 We conclude Defendant is entitled to a new trial based on the trial court's failure to instruct the jury on an affirmative defense to the underlying felony, which supported the...

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