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STATE v. GAINES

No. 147PA92.

421 S.E.2d 569 (1992)

332 N.C. 461

STATE of North Carolina v. Allen Lorenzo GAINES, Bryan Cornelius Harris, Al Mustafa Coleman.

Supreme Court of North Carolina.

October 1, 1992.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Joan Herre Byers, and Robin Perkins Pendergraft, Special Deputy Attys. Gen. and John J. Aldridge, III, Asst. Atty. Gen., Raleigh, for the State-appellant.

Malcolm R. Hunter, Jr., Appellate Defender by M. Gordon Widenhouse, Jr., Asst. Appellate Defender, Raleigh, for defendant-appellee Gaines.

Fred W. DeVore, III, Charlotte, for defendant-appellee Coleman.

Charles L. Morgan, Jr., Charlotte, for defendant-appellee Harris.

The North Carolina Ass'n of Police Attorneys by Randle L. Jones and Richard Hattendorf, High Point, amicus curiae.

LAKE, Justice.

The issue presented by this case has not been addressed by this Court and thus is one of first impression in North Carolina. At issue here is whether, in determining the capital or non-capital nature of first-degree murder trials, the aggravating circumstance as set forth in the capital punishment statutory law of this state, specifically N.C.G.S. § 15A-2000(e)(8), may be applicable to the murder of law enforcement officers who are at the time...

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