State v. Keller

EXUM, Justice.

The principal question presented is whether this Court will continue to adhere to the rule, most recently reaffirmed in State v. Harris, 290 N.C. 718, 228 S.E. 2d 424 (1976), that in a prosecution for first degree murder on the theory of premeditation and deliberation the trial court must submit at least second degree murder as an alternative verdict. The answer is yes. For failure of the trial court to submit second degree murder as a lesser included offense, defendant is granted a new trial. Other questions involve the sufficiency of the evidence to support the verdict and the…