Three people indicted for a 1972 murder cannot face the death penalty.
Former Belhaven Police Chief George Hayden, his ex wife Vickie Babbit, and Roger Gill, are all charged with the murder of William Miller, who was Babbit's husband at the time.
Prosecutors say the murder was part of a twisted love triangle.
Assistant District Attorney Ernie Lee says in 1976 the U.S. Supreme Court ruled that North Carolina's death penalty was unconstitutional.
The very next year, state lawmakers restored the death penalty, effective June 1, 1977. Because Miller was murdered in 1972, before that cut-off date, the three charged with his murder may not face death.
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