Legal Opinion · Concurrence

State v. Patterson

Court of Appeals of North Carolina

Decided September 18, 2001No. COA00-484Published

1ConcurrenceGreene, Judge

I believe (I) the killing and robbery of the victim did not form one continuous transaction, and it was therefore error to submit a felony murder instruction to the jury; (II) the testimony of Respess regarding the victim’s statements to her was inadmissible hearsay; and (III) neither of these errors require a new trial. As I otherwise fully concur with the majority, I join the majority in affirming Defendant’s conviction for first-degree murder.

I

Our statutes specifically provide that a murder “committed in the perpetration . . . of. . . robbery . . . shall be deemed to be murder in the first…

2Cases cited10 opinions

  1. State v. PowellSupreme Court of North Carolina · 1980
  2. State v. StagerSupreme Court of North Carolina · 1991
  3. State v. GreenSupreme Court of North Carolina · 1988
  4. State v. RichardsonSupreme Court of North Carolina · 1995
  5. State v. SquireSupreme Court of North Carolina · 1977

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