Legal Opinion

State v. Tart

Supreme Court of North Carolina

Decided March 29, 2019No. 427PA17PublishedCited by 11 opinions

1Opinion of the Court

MORGAN, Justice.

**74This criminal appeal presents two issues for the Court to resolve: whether a short-form indictment sufficiently charged attempted first-degree murder when the wording of the indictment did not precisely duplicate the language of the relevant statute and whether a prosecutor's remarks during closing argument were so grossly improper that the trial court should have intervened ex mero motu . While we agree with the Court of Appeals that the State's characterizations during its closing argument do not entitle defendant to a new trial, we reject the lower appellate court's…

2Cases cited23 opinions

  1. Herring v. New YorkSupreme Court of the United States · 1975
  2. State v. BensonSupreme Court of North Carolina · 1988
  3. State v. JohnsonSupreme Court of North Carolina · 1979
  4. State v. PinchSupreme Court of North Carolina · 1982
  5. State v. JonesSupreme Court of North Carolina · 2002

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

3Cited by11 opinions

  1. State v. BallCourt of Appeals of North Carolina · 2024
  2. State v. BrownCourt of Appeals of North Carolina · 2025
  3. State v. GreenfieldCourt of Appeals of North Carolina · 2025
  4. State v. MercerCourt of Appeals of North Carolina · 2026
  5. State v. ParkerSupreme Court of North Carolina · 2021

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

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