Legal Opinion

State v. Duncan

Supreme Court of North Carolina

Decided December 13, 1972No. 70PublishedCited by 39 opinions

1Opinion of the Court

MOORE, Justice.

The bill of indictment in this case did not allege premeditation and deliberation. Defendant contends for this reason that his motion to quash should have been allowed. This contention is without merit. The bill of indictment followed the form prescribed by G.S. 15-144, which provides in pertinent part:

“. . . (I)t is sufficient in describing murder to allege that the accused person feloniously, willfully, and of his malice aforethought, did kill and murder (naming the person killed), and concluding as is now required by law . . . and any bill of indictment containing the…

2Cases cited31 opinions

  1. Furman v. GeorgiaSupreme Court of the United States · 1972
  2. State v. StephensSupreme Court of North Carolina · 1956
  3. State v. AtkinsonSupreme Court of North Carolina · 1969
  4. State v. FaustSupreme Court of North Carolina · 1961
  5. State v. GrundlerSupreme Court of North Carolina · 1959

26 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. State Ex Rel. Commissioner of Insurance v. North Carolina Rate BureauSupreme Court of North Carolina · 1980
  2. State v. ReeseSupreme Court of North Carolina · 1987
  3. State v. CokerSupreme Court of North Carolina · 1984
  4. State v. JonesSupreme Court of North Carolina · 2000
  5. State v. CrowderSupreme Court of North Carolina · 1974

34 more not listed; retrieve them via the Exa API.

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