ABC News reports that approximately 50 police officers resigned en masse from the Portland Police Bureau’s Rapid Response Team this week after a member of the team was indicted by a grand jury for excessive use of force during an August 2020 protest in the city. Officer Corey Budsworth was indicted Tuesday on an assault charge for...
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Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
Venue to try an accessory after the fact is proper in any county where the principal could be prosecuted or in the county where the defendant committed acts that form the basis of the charge of accessory after the fact.
When a statute sets forth disjunctive or alternative ways by which an offense may be committed, a warrant or indictment should charge them conjunctively, linking the alternatives by the word “and” instead of “or”.
G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
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