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STATE v. LYNCH

No. 679A86.

393 S.E.2d 811 (1990)

327 N.C. 210

STATE of North Carolina v. Gregory Stewart LYNCH.

Supreme Court of North Carolina.

July 26, 1990.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Christopher P. Brewer, Sp. Deputy Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender by Gordon Widenhouse, Asst. Appellate Defender, Raleigh, for defendant-appellant.

EXUM, Chief Justice.

At defendant's trial for first degree murder the jury was instructed that it could find defendant guilty on a theory of premeditation and deliberation or on a theory of lying in wait. The jury returned a general verdict of guilty without specifying upon which theory or theories it relied.

While the evidence was sufficient to support a verdict on a theory of premeditation and deliberation, the evidence was insufficient to support a verdict...

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