The week began with the report of the capture in Mount Airy of an armed fugitive wanted for murder. Michael Puckett is accused of killing one Virginia sheriff’s deputy and wounding another after they came to his home in Fancy Gap, Virginia last Friday for a welfare check. Puckett was apprehended Sunday evening after he rang the doorbell of a rural Mt. Airy home. The Charlotte Observer...
NC Criminal Law
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An information is an accusation drafted by the prosecutor and filed in superior court, charging one or more criminal offenses. An information may be filed only if the defendant waives indictment.
Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.
Each separate offense charged against a defendant must be pled in a separate pleading, or in a separate count within a single pleading. See G.S. 15A-924(a)(2).
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”.
With the consent of all parties, the district court may accept guilty pleas to Class H and I felonies. G.S. 7A-272(c).
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