State v. Montgomery

FRYE, Justice.

Defendant, Rodney Lee Montgomery, was tried capitally upon proper indictments for first-degree murder, robbery with a dangerous weapon, first-degree burglary, and attempted first-degree rape. The jury found defendant guilty of first-degree murder on theories of both premeditation and deliberation and felony murder, first-degree burglary, robbery with a dangerous weapon, and attempted first-degree rape.

After a capital sentencing proceeding conducted pursuant to N.C.G.S. § 15A-2000, the jury voted on the issues relating to aggravating and mitigating circumstances but was unable to…