I was late in putting together this roundup, which enabled me to include news that just broke today: Former National Security Adviser John Bolton pled guilty this morning to illegally retaining classified information, according to this AP story. Sentencing is scheduled for October 28. The plea agreement reportedly “recommends capping any...
NC Criminal Law
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Venue to try an accessory after the fact is proper in any county where the principal could be prosecuted or in the county where the defendant committed acts that form the basis of the charge of accessory after the fact.
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”.
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
Venue is proper in the entire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). Probable cause hearings are an exception and must be held in the county where the offense occurred. See G.S. 15a-131(c).
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