(DOWNLOAD) "North Carolina v. Mullican" by Supreme Court of North Carolina No. 379A89 - Guilford ~ Book PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Mullican
- Author : Supreme Court of North Carolina No. 379A89 - Guilford
- Release Date : January 14, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The question on this appeal is whether there was sufficient evidence to support the finding of the aggravating factors. We have held that a statement by the prosecuting attorney is not sufficient standing alone to find an aggravating factor. State v. Thompson, 309 N.C. 421, 307 S.E.2d 156 (1983). If opposing counsel stipulates to a statement it may be used to support the finding of an aggravating factor. State v. Swimm, 316 N.C. 24, 340 S.E.2d 65 (1986). The defendant contends that the only evidence to support the finding of the aggravating factors in this case was the unsupported statement of the prosecuting attorney and the defendant did not stipulate to this statement. The Court of Appeals held that it was not necessary to find there was a stipulation. It held the statement by the defendant's attorney constituted an admission as to the things with which the defendant was charged.
 "North Carolina v. Mullican" by Supreme Court of North Carolina No. 379A89 - Guilford ~ Book PDF Kindle ePub Free){kind=link}