State v. Atkinson

I vote to vacate the judgment imposing the death sentence. In my opinion, the verdict of guilty of murder in the first degree should be upheld and the cause remanded for pronouncement of a judgment imposing a sentence of life imprisonment.

When the loathsome and despicable crime was committed and when defendant was arraigned, tried and sentenced, the statutes in force relating to first degree murder were codified as G.S. 14-17 and as G.S. 15-162.1. G.S. 14-17 has continued and is now in force. G.S. 15-162.1 was repealed (effective March 25, 1969) by Chapter 117, Session Laws of 1969.

G.S. 14-17…