State v. Gaines

LAKE, Justice.

The issue presented by this case has not been addressed by this Court and thus is one of first impression in North Carolina. At issue here is whether, in determining the capital or non-capital nature of first-degree murder trials, the aggravating circumstance as set forth in the capital punishment statutory law of this state, specifically N.C.G.S. § 15A-2000(e)(8), may be applicable to the murder of law enforcement officers who are at the time engaged in secondary, supplemental employment for a private enterprise.

Under this subsection of the statute, in order for the State to…