HILL, Justice.
On January 15, 1975, James Lee Spencer was convicted in the Superior Court of Burke County for the offenses of murder, aggravated assault and escape. He was sentenced to death for the murder, and to 10 years imprisonment on each of the other charges, to run concurrently. On direct appeal, this court affirmed the convictions and sentences on April 6, 1976. Spencer v. State,
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