Legal Opinion

State v. Martin

Court of Appeals of North Carolina

Decided March 17, 1976No. 7519SC835PublishedCited by 4 opinions

1Opinion of the Court

MORRIS, Judge.

Defendant, noting that the bill of indictment only referred to the alleged armed robbery of Clyde Adams, Jr., contends that the trial court erred in charging the jury that defendant would be accountable for the crime charged if they, inter alia, found beyond a reasonable doubt that defendant robbed “Mr. Adams or Mrs. Plott.” Defendant argues that this variance “ ... is an inaccurate and misleading mandate on armed robbery.” We disagree. This variance, if any, works no prejudice to the defendant and raises no constitutional claim of potential double jeopardy.

In State v. Harris, 8…

2Cases cited7 opinions

  1. State v. PotterSupreme Court of North Carolina · 1974
  2. State v. BallardSupreme Court of North Carolina · 1972
  3. State v. JohnsonCourt of Appeals of North Carolina · 1974
  4. State v. LeeSupreme Court of North Carolina · 1973
  5. State v. HarrisCourt of Appeals of North Carolina · 1970

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

3Cited by4 opinions

  1. State v. GuffeyCourt of Appeals of North Carolina · 1979
  2. State v. EdwardsCourt of Appeals of North Carolina · 1980
  3. State v. FlaugherCourt of Appeals of North Carolina · 2011
  4. State v. ThompsonCourt of Appeals of North Carolina · 1982

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