Legal Opinion

State v. Irwin

Supreme Court of North Carolina

Decided October 6, 1981No. 26PublishedCited by 208 opinions

1Opinion of the Court

BRITT, Justice.

Phase I — Guilt Determination

A. Felony-Murder

Defendant assigns as error the trial court’s denial of his motion to dismiss the charge of first-degree murder based on the felony murder rule. He argues that the evidence was not sufficient to support a verdict based on that rule. There is no merit in this assignment.

G.S. 14-17 provides in pertinent part: “A murder . . . which shall be committed in the perpetration or attempted perpetration of any . . . robbery . . . committed or attempted with the use of a deadly weapon, shall be deemed to be murder in the first degree,

The evidence…

2Cases cited27 opinions

  1. Lockett v. OhioSupreme Court of the United States · 1978
  2. Califano v. YamasakiSupreme Court of the United States · 1979
  3. State v. SmithSupreme Court of North Carolina · 1980
  4. State v. PowellSupreme Court of North Carolina · 1980
  5. State v. BarfieldSupreme Court of North Carolina · 1979

22 more not listed; retrieve them via the Exa API.

3Cited by208 opinions

  1. Zant v. StephensSupreme Court of the United States · 1983
  2. State v. OliverSupreme Court of North Carolina · 1983
  3. Jones v. StateMississippi Supreme Court · 1987
  4. State v. FairSupreme Court of North Carolina · 2001
  5. State v. GreenSupreme Court of North Carolina · 1994

203 more not listed; retrieve them via the Exa API.

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