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STATE v. AL-BAYYINAH

No. 550A03.

616 S.E.2d 500 (2005)

359 N.C. 741

STATE of North Carolina v. Jathiyah A. AL-BAYYINAH.

Supreme Court of North Carolina.

August 19, 2005.

Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Joan M. Cunningham and Amy C. Kunstling, Assistant Attorneys General, for the State.

Staples S. Hughes, Appellate Defender, by Janet Moore, Assistant Appellate Defender, for defendant-appellant.

PARKER, Justice.

Defendant was indicted on 26 May 1998 for the murder and attempted robbery with a deadly weapon of Simon Wilford Brown, Jr. Defendant was first tried capitally at the 1 November 1999 Criminal Session of Davie County Superior Court. The jury found defendant guilty of both charges, basing first-degree murder on the theory of felony murder. Following a capital sentencing proceeding, the jury recommended that...

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