Several chapters in the criminal law and evidence sections of the Superior Court Judges’ Benchbook recently have been updated. Among those chapters is Indictments, written by Joe Hyde, which begins by noting the significance of the North Carolina Supreme Court’s decision in State v. Singleton, 386 N.C. 183 (2024). Singleton, as you may recall, concluded that the...
NC Criminal Law
on Monday, April 6th, 2026
#NCPROTIP
Displaying 11 - 15 of 60
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.
Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.
The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
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 judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
- ‹ Previous
- 3 of 12
- Next ›