Did the General Assembly Just Remove the “Nighttime” Element of Burglary?
A few weeks ago, the General Assembly passed, and the Governor signed into law, S.L. 2025-71. The bill makes quite a few changes to the criminal law. It creates new […]
November 13, 2018
Not-Quite-Defective Indictments
Ordinarily, a pleading that fails to accurately allege every element of the offense is defective and is treated as a jurisdictional nullity. See, e.g., G.S. 15A-924(a)(5) (“as a prerequisite to […]
February 20, 2017
Counsel’s Unconsented-to Admission to Elements Isn’t a Harbison Error
In State v. Harbison, 315 N.C. 175 (1985), the North Carolina Supreme Court held that when defense counsel admits the defendant’s guilt to the jury without the defendant’s consent per […]
November 11, 2015
Is Involuntary Manslaughter a Lesser of Second-Degree Murder by Drug Overdose?
I’ll save you the suspense: Yes. Read on for an explanation.
November 3, 2015
New Revenge Porn Crime
The General Assembly recently enacted a new “revenge porn” statute. S.L. 2015-250. The law actually gives the offense a tamer name: Disclosure of Private Images. The statute takes effect December […]
January 5, 2011
Aiding and Abetting
Under the common law doctrine of aiding and abetting, a person is considered to be a principal to a crime when: (1) a crime is committed by another, (2) the […]
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