A short-form murder indictment generally will not support a conviction for assault. That, at any rate, was the rule prior to State v. Singleton, 386 N.C. 183 (2024) (holding that failure of an indictment to allege each essential element of the offense charged is not a jurisdictional defect). The Court of Appeals recently reaffirmed the pre-Singleton rule, concluding in...
NC Criminal Law
on Tuesday, January 13th, 2026
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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.
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
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.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
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.
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