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STATE v. MASH

No. 241A90.

399 S.E.2d 307 (1991)

328 N.C. 61

STATE of North Carolina v. David James MASH.

Supreme Court of North Carolina.

January 10, 1991.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Joan Herre Byers, Sp. Deputy Atty. Gen., Raleigh, for State.

Norman B. Smith and Bryan E. Lessley, Greensboro, for defendant-appellant.

MARTIN, Justice.

In 1986 defendant was indicted, tried, and convicted of first degree murder in the beating death of Randall Cupp. From a sentence of death, defendant appealed. This Court found error in the guilt phase and awarded the defendant a new trial. State v. Mash, 323 N.C. 339, 372 S.E.2d 532 (1988) (Mash I). Upon retrial, defendant was found guilty of first degree murder and...

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