Legal Opinion

State v. Looney

Supreme Court of North Carolina

Decided January 24, 1978No. 47PublishedCited by 69 opinions

1Opinion of the Court

LAKE, Justice.

The defendant contends that the offense of conspiracy to commit a murder is a lesser included offense of being accessory before the fact to such murder and, consequently, the court erred in failing to require the State to elect the charge upon which it would proceed and in imposing sentences for both offenses. In this contention we find no merit. G.S. 14-5 provides:

“Accessories before the fact; trial and punishment. — If any person shall counsel, procure or command any other person to commit any felony, *** the person so counseling, procuring or commanding shall be guilty of a…

2Cases cited27 opinions

  1. Ballard v. Superior Court of San Diego CountyCalifornia Supreme Court · 1966
  2. United States v. Buddy Joe BarnardCourt of Appeals for the Ninth Circuit · 1974
  3. State v. ButlerSupreme Court of New Jersey · 1958
  4. United States v. Bill Miles SkillmanCourt of Appeals for the Eighth Circuit · 1971
  5. State v. GoldbergSupreme Court of North Carolina · 1964

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

3Cited by69 opinions

  1. State v. PiskorskiSupreme Court of Connecticut · 1979
  2. State v. StagerSupreme Court of North Carolina · 1991
  3. State v. WilsonSupreme Court of North Carolina · 1988
  4. Grandison v. StateCourt of Appeals of Maryland · 1986
  5. State v. MyersSupreme Court of North Carolina · 1980

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

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