NC Criminal Law

Joseph L. Hyde on Tuesday, January 13th, 2026

A short-form murder indictment generally will not support a conviction for assault. That, at any rate, was the rule prior to State v. Singleton, 386 N.C. 183 (2024) (holding that failure of an indictment to allege each essential element of the offense charged is not a jurisdictional defect). The Court of Appeals recently reaffirmed the pre-Singleton rule, concluding in...

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The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.

The state must give the defendant, at the beginning of jury selection, a written list of the names of all witnesses whom the state reasonably expects to call during the trial.

A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.

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.

A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.