State v. Brown

WHICHARD, Justice.

This is a case of murder perpetrated by lying in wait. See N.C.G.S. § 14-17 (1986). The victim, Wayne Gerald, who had been working at his desk at home the evening of 5 May 1984, was killed by a single shotgun blast fired through the window beside him. He died instantaneously.

In pertinent part, the evidence at trial showed the following:

Around five o’clock the afternoon of 5 May 1984 defendant’s brother Ray Brown and his friend Gary Presnell dropped by defendant’s house. The three drank beer, played with defendant’s children, and chatted. Presnell testified that defendant…