Trial court did not err by failing to intervene in prosecutor’s closing argument; trial court did not err by declining to instruct on assault inflicting serious injury as a lesser included offense of assault with a deadly weapon with intent to kill inflicting serious injury; trial court erred by sentencing for both assault with a deadly weapon with intent to kill inflicting serious injury and assault inflicting serious bodily injury based on the same...
NC Criminal Law
on Monday, July 6th, 2026
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If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
An information is an accusation drafted by the prosecutor and filed in superior court, charging one or more criminal offenses. An information may be filed only if the defendant waives indictment.
If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument.
Each separate offense charged against a defendant must be pled in a separate pleading, or in a separate count within a single pleading. See G.S. 15A-924(a)(2).
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