Legal Opinion

State v. Sells

Court of Appeals of North Carolina

Decided August 4, 2015No. COA14–1163Published

1Opinion of the Court

DAVIS, Judge.

Gary Winston Sells, Sr. ("Defendant") appeals from his convictions of two counts of first-degree murder. On appeal, he contends that the trial court erred in (1) denying his motion to dismiss; and (2) excluding exculpatory evidence that he sought to introduce. After careful review, we conclude that Defendant received a fair trial free from prejudicial error.

Factual Background

The State presented evidence at trial tending to establish the following facts: On 8 March 2009 at 1:53 a.m., Chris Smith ("Smith") returned to the home of his grandmother, Shirley Rummage ("Rummage"), at 528…

2Cases cited14 opinions

  1. State v. FritschSupreme Court of North Carolina · 2000
  2. State v. ScottSupreme Court of North Carolina · 2002
  3. State v. FranklinSupreme Court of North Carolina · 1990
  4. State v. FowlerSupreme Court of North Carolina · 2001
  5. State v. HagansCourt of Appeals of North Carolina · 2006

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