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Supreme Court of North Carolina· 3/29/2019

State v. Tart

Citations

  • 824 S.E.2d 837
  • 372 N.C. 73

Syllabus

Appeal from convictions for attempted murder and assault with a deadly weapon with intent to kill inflicting serious injury whether the short-form indictment charging attempted murder was fatally defective whether the trial court erred in not intervening ex mero motu in the State's closing arguments.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that section 15- 144 “sets out the appropriate phrasing which can be utilized in indictments for the criminal offenses of murder . . . .”
  • upholding attempted first-degree murder indictment because, despite linguistic difference from relevant short-form statute, indictment nevertheless “serve[d] its functional purposes with regard to both the defendant and the court.”
  • “We hold that the use of the term “slay” instead of “murder” in an indictment that also includes an allegation of “malice aforethought” complies with the relevant constitutional and statutory requirements for valid murder offense indictments[.]”
  • “We hold that the use of the term “slay” instead of “murder” in an indictment that also includes an allegation of “malice aforethought” complies with the relevant constitutional and statutory requirements for valid murder offense indictments[.]”
  • analyzing substantive requirements for short-form homicide indictment

Source: CourtListener parenthetical corpus (CC0).

Judges: Morgan, Earls

Read full opinion on CourtListener

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Cites

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