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STATE v. JONES

No. COA98-429.

516 S.E.2d 405 (1999)

STATE of North Carolina, Plaintiff-Appellee, v. Thomas Richard JONES, Defendant-Appellant.

Court of Appeals of North Carolina.

June 15, 1999.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Special Deputy Attorney General Isaac T. Avery, III, and Assistant Attorney General Jonathan P. Babb, for the State.

White and Crumpler, by David B. Freedman, Dudley A. Witt, and Laurie A. Schlossberg; and Teeter Law Firm by Carroll L. Teeter, Winston-Salem, for defendant-appellant.

HORTON, Judge.

In 1893 our General Assembly codified the common law offense of murder and divided it into first and second degrees. State v. Davis, 305 N.C. 400, 422, 290 S.E.2d 574, 588 (1982). The killings considered to be the most heinous were classified as first-degree murder and then subdivided into three classes: "(1) murders perpetrated by means of poison, lying in wait, imprisonment, starving, or torture, (2) premeditated...

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