Just over a week ago, former FBI Director James Comey was indicted in the Eastern District of North Carolina. This press release from the United States Department of Justice explains that Comey faces two counts. The first alleges that he “knowingly and willfully made a threat to take the life of . . . the President of the United States . . . by publicly posting...
NC Criminal Law
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If the defendant (or any defendant in a multi-defendant case) puts on evidence, then state has the right to the first and last closing argument.
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
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.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
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