no substantive error found
How later courts described this case
- no substantive error found
Written by the judges who cited it.
The opinion
Chief Justice Sharp
dissenting as to the death penalty:
■ • The murder for which defendant was convicted occurred on 14 June 1973, a date between 18 January 1973, the day of the *574 decision in State v. Waddell, 282 N.C. 431 , 194 S.E. 2d 19 , and 8 April 1974, the day on which the General Assembly rewrote G.S. 14-21 by the enactment of Chapter 1201 of the Session Laws of 1973. For the reasons stated by Chief Justice Bobbitt in his dissenting- opinion in State v. Jarrette, 284 N.C. 625, 666 , 202 S.E. 2d 721, 747 (1974) — an opinion in which Justice Higgins and I joined — , I dissent as to the death sentence imposed upon defendant by the court below and vote to remand for the imposition of a sentence of life imprisonment. See also the dissenting opinion of Chief Justice Bobbitt, and my concurrence therein, in State v. Waddell, supra at 453 and 476, 194 S.E. 2d at 30 and 47.