State v. Williams

HEDRICK, Chief Judge.

Defendant first assigns as error the trial court’s overruling of his objection to arraignment and deferral of his motion for a bill of particulars to the judge who was scheduled to preside at defendant’s trial. He complains that he was “prejudiced in preparation of his defense and preparation for trial” because the indictment did not properly inform him as to whether he was being prosecuted for first or second degree murder.

It is well settled in North Carolina that the State is not generally required to elect its theory of prosecution in a murder case before trial. State…