Trial court did not err by failing to intervene in prosecutor’s closing argument; trial court did not err by declining to instruct on assault inflicting serious injury as a lesser included offense of assault with a deadly weapon with intent to kill inflicting serious injury; trial court erred by sentencing for both assault with a deadly weapon with intent to kill inflicting serious injury and assault inflicting serious bodily injury based on the same...
NC Criminal Law
on Monday, July 6th, 2026
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When a statute sets forth disjunctive or alternative ways by which an offense may be committed, a warrant or indictment should charge them conjunctively, linking the alternatives by the word “and” instead of “or”.
The state must give the defendant, at the beginning of jury selection, a written list of the names of all witnesses whom the state reasonably expects to call during the trial.
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
If the elements of the offense were committed in more than one county, each county in which an element of the crime was committed has concurrent venue. See G.S. 15A-132(a).
The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
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