NC Criminal Law
In a case involving charges of flee to elude, the trial court did not err in admitting for impeachment purposes evidence concerning another incident in which the defendant may have appeared to flee from law enforcement
State v. Moore, No. COA25-1049 (N.C. Ct. App. June 17, 2026) (Wilson County) (Flood).
The...
If the elements of the offense were committed in more than one county, each county in which an element of the crime was committed has concurrent venue. See G.S. 15A-132(a).
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
The key question for double jeopardy analysis is whether each offense requires proof of an element that is not contained in the other — if not, they are the same offense and double jeopardy bars a successive prosecution.
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 criminal charge contained in a pleading must be sufficiently definite to identify the offense, enable the defendant to prepare his or her defense, bar a subsequent prosecution for the same offense, and enable the court to impose judgment.