State v. Phillpott

713 S.E.2d 202 (2011)

STATE of North Carolina

v.

Jayson Collins PHILLPOTT, Defendant.

No. COA10-838.

Court of Appeals of North Carolina.

July 19, 2011.

Attorney General Roy A. Cooper, III, by Richard L. Harrison, Raleigh, for the State.

McCotter, Ashton & Smith, P.A., New Bern, by Rudolph A. Ashton, III, and Kirby H. Smith, III, for defendant-appellant.

STROUD, Judge.

Defendant was convicted of first degree murder. For the following reasons, we find no error.

I. Background

On 18 May 2009, defendant was indicted for first degree murder. On 16-19 November 2009, defendant was tried by a jury. At trial, the…