# State v. Oliver

> Supreme Court of North Carolina · September 27, 1983 · 309 N.C. 326

URL: https://www.frixlaw.com/law-library/cases/9570335

## Case

- **Full name:** State of North Carolina v. John Wesley Oliver and George Moore, Jr.
- **Court:** Supreme Court of North Carolina
- **Decided:** September 27, 1983
- **Citations:** 309 N.C. 326; 307 S.E.2d 304; 1983 N.C. LEXIS 1389
- **Precedential status:** Published
- **Opinion:** Concurring in part by Martin
- **Judges:** Meyer, Martin, Exum, Frye
- **Cited by:** 181 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9570335

## How later opinions describe it (automated extraction)

- stating that “Rule 10 functions as an important vehicle to insure that errors are not ‘built into’ the record, thereby causing unnecessary appellate review”
- noting the impropriety of arguing that the death penalty is divinely inspired

## Opinion text

Justice MARTIN
dissenting in part and concurring in part.
I dissent from the portion of the majority opinion that holds the solicitor’s argument, improperly placing the burden of proof on defendants with respect to the jury’s recommendation of life imprisonment, was error but not prejudicial. I find it to be prejudicial error. This error requires a new sentencing hearing.
Otherwise, I concur in the well-reasoned majority opinion.
Justice FRYE joins in this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9570335. Public record. Not legal advice.