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STATE v. McQUEEN

No. 32A86.

377 S.E.2d 38 (1989)

324 N.C. 118

STATE of North Carolina v. Billy D. McQUEEN, Jr.

Supreme Court of North Carolina.

March 2, 1989.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Isaac T. Avery, III, Sp. Deputy Atty. Gen., and Linda Anne Morris, Asst. Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender, by Mark D. Montgomery, Asst. Appellate Defender, Raleigh, for defendant-appellant.

MEYER, Justice.

Defendant was indicted on one count of first-degree murder for the shooting death of Trooper Giles Harmon of the North Carolina Highway Patrol. The case was tried capitally, on a theory of premeditated and deliberated murder.

The State's evidence tended to show the following events. In November 1984 defendant and his wife, Marsha McQueen, separated for the second time. Marsha McQueen moved from their home in Lexington, Kentucky, to Statesville...

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