Home/Supreme Court of North Carolina/State v. Hill

State v. Hill

183 S.E.2d 97, 279 N.C. 371, 1971 N.C. LEXIS 804
Supreme Court of North Carolina·Decided September 7, 1971·No. 100·Published·Cited by 38 cases

Opinions

BOBBITT, Chief Justice.

At the trial of defendant, Marie Hill, at December 16, 1968 Criminal Session of the Superior Court of Edgecombe County, North Carolina, the jury returned a verdict of guilty of murder in the first degree and thereupon the court pronounced judgment which imposed a death sentence. Upon defendant’s appeal, this Court found “No error” in the trial and judgment. State v. Hill, 276 N.C. 1, 170 S.E. 2d 885 (1969). On June 28, 1971, upon its consideration of defendant’s petition for writ of certiorari, the Supreme Court of the United States entered the following order: “The petition for writ of certiorari is granted. The judgment, insofar as it imposes the death sentence, is reversed, United States v. Jackson, 390 U.S. 570 (1968), Pope v. United [372]*372States, 392 U.S. 651 (1968), and the case is remanded for further proceedings.” Marie Hill, Petitioner v. North Carolina 403 U.S. 948, 29 L. Ed. 2d 860, 91 S.Ct. 2287 (1971).

Pursuant to the mandate of the Supreme Court of the United States, this cause is remanded to the Superior Court of Edgecombe County with directions to proceed as follows:

1. The presiding judge of the Superior Court of Edgecombe County will cause to be served on the defendant, Marie Hill, and on her attorneys of record, notice to appear during a session of said superior court at a designated time, not less than ten days from the date of the order, at which time, in open court, the defendant, Marie Hill, being present in person and being represented by her attorneys, the presiding judge, based on the verdict of guilty of murder in the first degree returned by the jury at the trial at the December 16, 1968 Criminal Session, will pronounce judgment that the defendant, Marie Hill, be imprisoned for life in the State’s prison.

2. The presiding judge of the Superior Court of Edgecombe County will issue a writ of habeas corpus to the official having custody of the defendant, Marie Hill, to produce her in open court at the time and for the purpose of being present when the judgment imposing life imprisonment is pronounced.

Remanded for judgment.

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State v. Hill, 183 S.E.2d 97, 279 N.C. 371, 1971 N.C. LEXIS 804 (N.C. 1971).

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