State v. Hicks

HILL, Judge.

Defendant first assigns as error the trial court’s denial of his motion to compel the prosecution to elect what theory of criminal activity defendant engaged in to commit the crime. G.S. 14-65 sets forth alternative theories in proving guilt: (1) proof that the defendant did the burning or (2) proof that the defendant procured another to do the burning. Defendant contends that the denial of his motion to compel an election placed him at a disadvantage in knowing what specific evidence he must offer in his defense. For the reasons which follow, we find no error in this assignment.

Th…