State v. Mash

BRANCH, Chief Justice.

Defendant contends that the trial court erred by instructing the jury on “flight.” He argues that he was not under arrest or in custody at the time he left the Sheriffs Department and that his actions could not be considered an “admission or show of consciousness of guilt” but rather were “insolubly ambiguous.”

The well-settled rule in North Carolina is that evidence of flight of an accused may be admitted as some evidence of guilt. In State v. Lampkins, 283 N.C. 520, 196 S.E. 2d 697 (1973), we find the following:

The rule in North Carolina is that flight of an accused may…