NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on March 4, 2026.
Evidence was sufficient on trafficking in opioids by possession; no error in failing to instruct on “ultimate user” exemption.
State v. Banks, COA25-432 (N.C. Ct. App. Mar. 4, 2026) (Yancey County) (Collins). The defendant was convicted at trial of trafficking in opioids...
An information is an accusation drafted by the prosecutor and filed in superior court, charging one or more criminal offenses. An information may be filed only if the defendant waives indictment.
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.
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).