State v. Lowery ( 1975 )

Chief Justice Sharp

dissenting as to the death penalty:

The rape for which defendant was convicted occurred on 7 July 1973, a date between 18 January 1973, the day on which the opinion in State v. Waddell, 282 N.C. 431, 194 S.E. 2d 19, was filed and 8 April 1974, the day on which the 1973 General Assembly rewrote G.S. 14-21 at its second session by the enactment of Ch. 1201, Sec. 2, N. C. Sess. Laws (1973). For the reasons stated in the dissenting opinion of Chief Justice Bobbitt 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 and vote to remand for the imposition of a sentence of life imprisonment. See also the dissents in State v. Waddell, supra at 453 and 476, 194 S.E. 2d at 30 and 47.

Justice 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 at 437, 212 S.E. 2d 113 at 122 (1975). Justice 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, 212 S.E. 2d 113 (1975).