Shea covered the recent escapes of two inmates from the Vance County Detention Center. On the lam since June 3, the pair were apprehended without incident on Tuesday this week in Asheville, North Carolina. According to this report, the men...
NC Criminal Law
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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).
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.
The Double Jeopardy Clause does not prohibit multiple punishments for offenses when one is include within the other under the Blockburger test if both are tried at the same time and if the legislature specifically authorizes cumulative punishment for both offenses.
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.
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
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