State v. Camacho

EXUM, Chief Justice.

Defendant was tried on a true bill of indictment pursuant to N.C.G.S. § 15-144 (1983) charging that defendant “did unlawfully, wilfully, and feloniously and of malice aforethought kill and murder Rhonda Leonard Price.” The case was prosecuted as a first-degree murder on the theory that the murder of Rhonda Leonard Price was perpetrated by means of lying in wait in violation of N.C.G.S. § 14-17 (1993). The jury was instructed to find the defendant guilty or not guilty of first-degree murder by lying in wait but received no instruction concerning any lesser degrees of…