Trial court did not err by failing to intervene in prosecutor’s closing argument; trial court did not err by declining to instruct on assault inflicting serious injury as a lesser included offense of assault with a deadly weapon with intent to kill inflicting serious injury; trial court erred by sentencing for both assault with a deadly weapon with intent to kill inflicting serious injury and assault inflicting serious bodily injury based on the same...
NC Criminal Law
If the defendant (or any defendant in a multi-defendant case) puts on evidence, then state has the right to the first and last closing argument.
A misdemeanor statement of charges is a criminal pleading prepared by the prosecutor, charging a misdemeanor. A statement of charges is a type of pleading, but is not a form of process, and cannot be used to initiate a prosecution and compel the defendant to appear. See G.S. 15A-922(b)(1).
If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument.
Each separate offense charged against a defendant must be pled in a separate pleading, or in a separate count within a single pleading. See G.S. 15A-924(a)(2).
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.
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