Legal Opinion

State v. Maloney

Court of Appeals of North Carolina

Decided May 16, 2017No. COA16-851PublishedCited by 1 opinion

1Opinion of the Court

BRYANT, Judge.

*564 Where defendant failed to specifically and distinctly contend on appeal that the trial court's jury instruction amounted to plain error, we consider this argument waived. Where a fatally defective indictment could not be cured by the State's material amendment prior to trial, we arrest judgment on and vacate the conviction. Lastly, where the evidence at trial demonstrated termination, not continuation, of manufacturing of methamphetamine in more than one location, two counts of manufacturing of methamphetamine do not constitute a continuing offense, and the trial court…

2Cases cited16 opinions

  1. State v. SmithSupreme Court of North Carolina · 1980
  2. State v. FritschSupreme Court of North Carolina · 2000
  3. State v. SmithCourt of Appeals of North Carolina · 2007
  4. State v. BarnesSupreme Court of North Carolina · 1993
  5. State v. CallSupreme Court of North Carolina · 1998

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

3Cited by1 opinion

  1. State v. ApplewhiteCourt of Appeals of North Carolina · 2021

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