Legal Opinion · Concurring in part, dissenting in part

State v. Jacobs

Court of Appeals of North Carolina

Decided March 17, 2009No. COA08-564Published

1Concurring in part, dissenting in partMcGEE, Judge

I concur with the majority opinion that the trial court did not err in denying Defendant’s motions to dismiss at the close of State’s evidence and at the close of all the evidence. I further concur with the majority opinion that the trial court did not err in denying Defendant’s motion to dismiss the “short form” murder indictment. I must, however, dissent from the majority opinion because I believe the trial court committed prejudicial error in refusing to admit certain evidence at trial.

In this case, the State proceeded on two theories: that Defendant was guilty of first-degree murder…

2Cases cited16 opinions

  1. State v. MorganSupreme Court of North Carolina · 1986
  2. State v. HuffstetlerSupreme Court of North Carolina · 1984
  3. State v. CottonSupreme Court of North Carolina · 1987
  4. State v. LynchSupreme Court of North Carolina · 1993
  5. State v. StricklandSupreme Court of North Carolina · 1997

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