State v. Marshall

BRITT, Justice.

Defendant’s assignments of error numbers 1, 2, 3, 5 and 14 all relate to the sentencing phase of the trial. Since the jury at that phase returned a verdict favorable to defendant, the questions which he attempts to raise are moot and will not be decided. Jamison v. Kyles, 271 N.C. 722, 157 S.E. 2d 550 (1967). We will consider and pass upon only those assignments relating to the guilt determination phase of the trial.

Defendant has consolidated his assignments of error 5, 6, and 7 into one argument. He contends that the trial court abused its discretion in denying his motions for…