A UNC School of Government Blog
In the recent Court of Appeals case, State v. Mason, the trial court erred by sending exhibits to the jury deliberation room over defense counsel’s objection. Although the State got lucky in that the error turned out not to be prejudicial, the decision signals that it’s a good time for a review of the relevant … Read more
A fatal defect in an indictment occurs when the indictment fails to allege an essential element of the crime charged. A fatal variance, by contrast, occurs when the facts brought out at trial don’t match up with those alleged in the indictment, and this difference occurs as to an essential element. Here are two illustrative … Read more