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STATE v. WESTBROOK

No. COA05-149.

623 S.E.2d 73 (2005)

STATE of North Carolina v. William Donovan WESTBROOK, Defendant.

Court of Appeals of North Carolina.

December 20, 2005.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Counsel Isaac T. Avery, III, for the State.

Sofie W. Hosford, Wilmington, for defendant-appellant.

WYNN, Judge.

"`Second-degree murder is defined as the unlawful killing of a human being with malice but without premeditation and deliberation.'" State v. Rick, 342 N.C. 91, 98, 463 S.E.2d 182, 186 (1995) (quoting State v. Phipps, 331 N.C. 427, 457-58, 418 S.E.2d 178, 194 ...

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