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North Carolina v. Handy6/25/1992
MEYER, Justice.
During the evening of 3 November 1986 or the early morning of 4 November 1986, defendant stabbed Eugene Michael Morgan sixteen times, killing him. Defendant was subsequently indicted for murder and robbery with a dangerous weapon and was tried capitally. The jury returned verdicts finding defendant guilty of robbery with a dangerous weapon and first-degree murder on the theories of premeditation and deliberation and felony murder. Following a sentencing proceeding conducted pursuant to N.C.G.S. § 15A-2000, the jury recommended a sentence of life imprisonment after determining that the two aggravating circumstances found
were not sufficiently substantial to call for the imposition of the death penalty when considered with the one mitigating circumstance found. The trial court, following the recommendation of the jury, sentenced defendant to life imprisonment for the murder of Morgan and imposed a consecutive sentence of forty years' imprisonment for the robbery with a dangerous weapon conviction.
On appeal, defendant brings forward numerous assignments of error. After a thorough review of the transcript of the proceedings, record on appeal, briefs, and oral arguments, we conclude that defendant received a fair trial, free of prejudicial error. We therefore affirm defendant's convictions and the sentences imposed thereon.
The evidence presented at defendant's trial tended to show that Eugene Michael Morgan was killed by defendant during the execution of a robbery planned by defendant and Michael Felty, defendant's friend. Defendant was nineteen years old at the time and had been discharged from the Marine Corps two or three months earlier. Since the time of his discharge, defendant had been working at various jobs but was nonetheless low on cash. He lived with several friends after he was discharged, and on 3 November 1986, defendant moved in with Felty at Felty's mother's home.
During the afternoon of 3 November, defendant and Felty went to a nearby store and purchased a fifteen-pack of beer. Later, they walked to a car wash and spoke with the owner about employment. After leaving the car wash, the two went to Gary's Lounge, a nearby bar. On their way to the bar, defendant and Felty met Loretta Malone and Wendy Davis. The four began talking, and the two women invited defendant and Felty to a party at their house. Defendant and Felty explained that they were on their way to Gary's Lounge but might go to the party later. Before going to Gary's Lounge, defendant and Felty had consumed two beers each. At the bar, defendant drank two more beers while playing pool.
About an hour later, defendant and Felty went to the party at the home of Malone and Davis, where they finished drinking the fifteen-pack they had purchased earlier. At the party, defendant met several people, including the victim, Michael Eugene Morgan. Defendant and Morgan talked, and at some point in the evening, Morgan told defendant that he had some money and asked defendant
if he would like to go to Harvey's Lounge at the Holiday Inn for a drink. Defendant and Morgan left the party but returned shortly thereafter. One witness who was at the party testified that defendant appeared angry when he and Morgan returned and that defendant later "seemed upset" when Morgan hugged one of the men at the party. Later in the evening, defendant pulled a knife on Felty, pressing it to his groin area. According to Malone, defendant pulled the knife on Felty after Felty made some comment to defendant. Malone testified that defendant became upset, shoved Felty against the wall, pressed the knife against Felty, and said, "This is what I
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