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E.2d 518, 525 (1985) (holding that when the theft and the use or threat of force are connected so as to form a single transaction, the intent to steal could be formulated before or after the use of force); State v. While the indictment alleged that defendant broke and entered the apartment “with the intent to commit a felony therein,” it did not specify a particular felony.
Officers found the lifeless body of Jerry Dowdy, a fifty-year-old groundskeeper at the Hardee's Restaurant in Roseboro, lying facedown in a large puddle of blood in the kitchen of his upstairs apartment. Defendant had two court-appointed attorneys as required under N.
The phone lines had been cut, a storm window under the garage had been removed, and the padlock had been pried from the door of a storage building. A tennis-shoe impression in blood on a newspaper found in the hallway of Dowdy's upstairs apartment was an exact match in design and size to an impression from the Asics tennis shoe defendant was wearing when he arrived at his cousin's house at a.m. When seized on 6 October 1994, it was determined that the tennis shoes had human blood on them.
Defendant's cousin, Mitchell Parker, testified as follows: On the night of 2 October 1994, defendant told Mitchell that he knew there was a gun at Buchanan's house and that he had gone there to steal it.
The jury also found defendant guilty of malicious castration, first-degree burglary of a home and larceny of a firearm therefrom, first-degree arson, breaking or entering a motor vehicle, first-degree burglary of an apartment, felonious breaking or entering of a house, breaking or entering of a storage building, felonious breaking or entering of a storage building and felonious larceny therefrom, and breaking or entering of a motor vehicle and misdemeanor larceny therefrom. The trial court arrested judgment on the larceny of a firearm conviction and continued prayer for judgment on two counts of breaking or entering and one count of misdemeanor larceny.
Hart, Special Deputy Attorney General, for the State. The same jury convicted defendant of first-degree murder of Jerry Lee Dowdy under the theories of felony murder and premeditation and deliberation. § 15A-2000, the jury recommended and the trial court imposed a sentence of death as to each murder. This Court, on numerous occasions, has held that to support convictions for a felony offense and related felony murder, all that is required is that the elements of the underlying offense and the murder occur in a time frame that can be perceived as a single transaction.”Wilkinson, 344 N.
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Officers found the lifeless body of James Buchanan, a fifty-two-year-old businessman and Roseboro town commissioner, on his bed in the bedroom of the downstairs apartment. The cloth covering on the bed had been burned, with only the springs remaining. Ed.2d 526 (1996), this Court concluded that the trial court did not violate the defendant's statutory right to two counsel by not allowing both attorneys to object during voir dire. The dialogue proceeded as follows: THE COURT: It has been brought to the Court's attention by telephone that the lead counsel for the defendant Mr. That seems to me to be some what more of an administrative than actual jury selection and therefore more in the hands of the Court and we do not oppose or object to that proceeding. Well, we will begin tomorrow morning doing that and that alone at . The trial court was confronted with the illness of defendant's lead counsel and the fact that jurors had been summoned to court.