The statutory right to use deadly force in self-defense is not available to one who was committing a felony. G.S. 14-51.4(1). In State v. McLymore, 380 N.C. 185 (2022), the North Carolina Supreme Court interpreted this provision as reflecting the common law concept of fault, under which a person is...
NC Criminal Law
on Tuesday, April 14th, 2026
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The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
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.
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.
A judge must accept a plea arrangement that involves only charges and no sentence recommendation, as long as the judge determines the plea is the product of an informed choice of the defendant and there is a factual basis for the plea. See G.S. 15A-1023(c).
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