After State v. Singleton, 386 N.C. 183 (2024), an indictment is not rendered facially invalid by failure to allege all the elements of a crime. One issue that remains unresolved is the consequence of failure to allege the State’s theory. Two post-Singleton cases decided last year found reversible error when the trial court instructed the ... Read more

The post Variations on State v. Singleton: Surplus Theory in State v. Tate. appeared first on North Carolina Criminal Law.