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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With the consent of all parties, the district court may accept guilty pleas to Class H and I felonies. G.S. 7A-272(c).
G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.
An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
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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