Legal Opinion

State v. Clements

Court of Appeals of North Carolina

Decided March 3, 1981No. 8020SC903PublishedCited by 5 opinions

1Opinion of the Court

HEDRICK, Judge.

Defendant first assigns error to the court’s allowing the State to amend the warrant alleging death by vehicle to strike the portion alleging following too closely and to add an allegation of “failure to reduce speed to avoid an accident, a violation of G.S. 20-141(m).” Defendant argues that the amendment “changed the nature of the offense charged” and thus defendant was “prejudiced” by having to defend himself on two charges throughout the trial only to have the case submitted to the jury on a third charge. We disagree.

G.S. § 15A-922(f) provides: “A statement of charges,…

2Cases cited7 opinions

  1. State v. HardySupreme Court of North Carolina · 1980
  2. State v. FletcherSupreme Court of North Carolina · 1981
  3. Mayton v. Hiatt's Used Cars, Inc.Court of Appeals of North Carolina · 1980
  4. City of Durham v. MansonSupreme Court of North Carolina · 1974
  5. Wilcox v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1971

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

3Cited by5 opinions

  1. In the Matter of DavisCourt of Appeals of North Carolina · 1994
  2. State v. CappsCourt of Appeals of North Carolina · 2019
  3. State v. CarltonCourt of Appeals of North Carolina · 2014
  4. In Re JonesCourt of Appeals of North Carolina · 1999
  5. In Re JonesCourt of Appeals of North Carolina · 1999

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