There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective. Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406. A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b). If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983). The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).
Today, we want to highlight one of the people who truly brings the School of Government’s mission to life. After more than 30 years of service to the UNC School of Government, Professor John Rubin is retiring. He leaves an extraordinary legacy as a revered teacher, trusted advisor, renowned author, and mentor. As the first faculty member to work on...
NC Criminal Law
on Tuesday, March 24th, 2026
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