The opinions of a lay witness are generally limited to those that are (1) rationally based on the witness’s perception and (2) helpful to the jury. N.C. R. Evid. 701. The requirement that the witness have firsthand knowledge reflects the older common law rule. The provision allowing the witness to testify to an opinion – as opposed to reciting facts – is...
NC Criminal Law
on Tuesday, November 10th, 2026
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A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.
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).
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 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.
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