Legal Opinion

State v. McGee

Court of Appeals of North Carolina

Decided June 2, 2009No. COA08-1285Published

1Opinion of the Court

STEELMAN, Judge.

The State presented substantial evidence to support each of the charges of a conspiracy to commit malicious assault in a secret manner and accessory after the fact of assault with a deadly weapon with intent to kill inflicting serious injury. The fact that the perpetrator of an offense pleads guilty to a lesser-included offense does not exculpate a defendant on a charge of accessory after the fact.

I. Factual and Procedural Background

In the light most favorable to the State, the evidence presented tended to show that on 9 November 2006, a melee occurred in Winston-Salem, which…

2Cases cited9 opinions

  1. State v. PowellSupreme Court of North Carolina · 1980
  2. State v. EarnhardtSupreme Court of North Carolina · 1982
  3. State v. VauseSupreme Court of North Carolina · 1991
  4. State v. . WhitesideSupreme Court of North Carolina · 1933
  5. State v. EveretteSupreme Court of North Carolina · 2007

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