The week began with the report of the capture in Mount Airy of an armed fugitive wanted for murder. Michael Puckett is accused of killing one Virginia sheriff’s deputy and wounding another after they came to his home in Fancy Gap, Virginia last Friday for a welfare check. Puckett was apprehended Sunday evening after he rang the doorbell of a rural Mt. Airy home. The Charlotte Observer...
NC Criminal Law
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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.
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
With the consent of all parties, the district court may accept guilty pleas to Class H and I felonies. G.S. 7A-272(c).
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.
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.
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