State v. Westbrook, 130
| Citation | 191 S.E.2d 68,281 N.C. 748 |
| Decision Date | 31 August 1972 |
| Docket Number | No. 130,130 |
| Parties | STATE of North Carolina v. James Nathaniel WESTBROOK, Jr. |
| Court | North Carolina Supreme Court |
On remand from the Supreme Court of the United States.
At the 2 November 1970 Criminal Session of the Superior Court of Mecklenburg County defendant was tried and convicted of the crime of murder in the first degree and sentenced to death. Upon defendant's appeal this Court found no error in the verdict and judgment of the superior court. State v. Westbrook, 279 N.C. 18, 181 S.E.2d 572 (1971). Defendant then filed a petition for writ of certiorari to and Supreme Court of the United States, and on 29 July 1972 this Court received from the Supreme Court of the United States the following mandate:
'WHEREAS, lately in the Supreme Court of the State of North Carolina, _ _ there came before you a cause between the State of North Carolina and James Nathaniel Westbrook, Jr., No. 94, Fall (sic) Term, 1971, wherein the judgment of the said Supreme Court was duly entered on the tenth day of June A.D. 1971, as appears by an inspection of the petition for writ of certiorari to the said Supreme Court and the response thereto.
'AND WHEREAS, in the 1971 Term, the said cause having been submitted to the SUPREME COURT OF THE UNITED STATES on the said petition for writ of certiorari and response thereto, and the Court having granted the said petition:
'ON CONSIDERATION WHEREOF, it was ordered and adjudged on June 29, 1972, by this Court that the judgment of the Supreme Court of North Carolina in this cause be vacated insofar as it leaves undisturbed the death penalty imposed, and that this cause be remanded to the Supreme Court of the State of North Carolina for further proceedings. See Stewart v. Massachusetts, 408 U.S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744 (1972).
'NOW, THEREFORE, THE CAUSE IS REMANDED to you in order that such proceedings may be had in the said cause, in conformity with the judgment of this Court above stated, as accord with right and justice, and the Constitution and laws of the United States, the said writ of certiorari notwithstanding.
'Witness the Honorable WARREN E. BURGER, Chief Justice of the United States, the twenty-sixth _ _ day of July in the year of our Lord one thousand nine hundred and seventh-two.
MICHAEL RODAK, JR.
Clerk of the Supreme Court of the United States
James Nathaniel Westbrook, Jr., v. North Carolina'
The opinion in Stewart v. Massachusetts, referred to in the foregoing mandate, is as follows:
Pursuant to the foregoing mandate of the Supreme Court of the United States vacating the death penalty imposed upon defendant, this cause is remanded to the...
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