State v. Smith

SHARP, Chief Justice.

Section (a) of G.S. 15A-928 (1975 Replacement) provides, inter alia: “When the fact that the defendant has been previously convicted of an offense raises an offense of lower grade to one of higher grade and thereby becomes an element of the latter,” an indictment or information charging the higher offense may not allege the previous conviction.

Section (b) requires that an indictment or information charging “the higher offense” referred to in (a) “be accompanied by a special indictment or information, filed with the principal pleading, charging that the defendant was…