State v. Payne

EXUM, Chief Justice.

This appeal is from the second trial of this case. We ordered a new trial on defendant’s first appeal in State v. Payne, 320 N.C. 138, 357 S.E.2d 612 (1987).

Defendant was tried and convicted on proper bills of indictment charging him with first degree murder (No. 83CRS16387) and first degree rape (No. 83CRS16747). We find no error in the guilt phase of defendant’s trial. The decision in McKoy v. North Carolina, 494 U.S. 433, 108 L. Ed. 2d 369, on remand, 327 N.C. 31, 394 S.E.2d 426 (1990), requires that we remand for a new sentencing hearing.

I

The State’s evidence at trial…