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STATE v. CARTER

No. 8314SC414.

311 S.E.2d 5 (1984)

STATE of North Carolina v. Thomas CARTER.

Court of Appeals of North Carolina.

January 17, 1984.

Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Asst. Atty. Gen., Grayson G. Kelley, Raleigh, for the State.

R. Hayes Hofler, III, Durham, for defendant.

BRASWELL, Judge.

The jury convicted Thomas Carter of second-degree murder. Mark Upchurch testified that Carter committed the crime. Strangely, it was Carter, and not the State, who called Upchurch to be a witness. Both men had been indicted for the murder of Cynthia Easterling on the night of 17-18 August 1981 at Duke Park in Durham. Only Carter was on trial. The guilty verdict occurred on 23 February 1982 and prayer for judgment was continued. On 26 February 1982...

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