Public-domain · open source
OpenJurist

287 N.C. 645

215 S.E.2d 540

State v. King

Supreme Court of North Carolina

Decided June 26, 1975

Supreme Court of North Carolina · decided 1975-06-26

Relies on State v. Jarrette · State v. Waddell · State v. Williams

Good law ✅— No negative treatment on recordhow we know

Decided 1975-06-26

How this case has been cited

Cited by 62 later decisions — most recently May 2017 · most notably State v. Bullard (1984), State v. Covington (1976)

62 state decisions

24019751980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Chief Justice Sharp,

¶1dissenting as to the death penalty:

¶2The murder for which defendant was convicted occurred on 16 February 1974, a date between 18 January 1973, the day of the decision in State v. Waddell, 282 N.C. 431, 194 S.E. 2d 19, and 8 April 1974, the day on which the General Assembly rewrote G.S. 14-21 by the enactment of Chapter 1201 of the Session Laws of 1973. For the reasons stated by Chief Justice Bobbitt in his dissenting opinion in State v. Jarrette, 284 N.C. 625, 666, 202 S.E. 2d 721, 747 (1974) — an opinion in which Justice Higgins and I joined — , I dissent as to the death sentence imposed upon defendant by the court below and vote to remand for the imposition of a sentence of life imprisonment. See also the dissenting opinion of Chief Justice Bobbitt, and my concurrence therein, in State v. Waddell, supra,at 453 and 476, 194 S.E. 2d at 30 and 47.

¶3Justice Copeland dissents as to death sentence and votes to remand for imposition of a sentence of life imprisonment for the reasons stated in his dissenting opinion in State v. Williams, 286 N.C. 422, 437, 212 S.E. 2d 113, 122 (1975).

¶4Justice Exum dissents from that portion of the majority opinion which affirms the death sentence and votes to remand this case in order that a sentence of life imprisonment can be imposed for the reasons stated in his dissenting opinion in State v. Williams, 286 N.C. 422, 439, 212 S.E. 2d 113, 121 (1975), other than those relating to the effect of Section 8 of Chapter 1201 of the 1973 Session Laws.

/287/nc/645 · .json · Public domain