STATE v. JOHNSTON

No. COA04-1283.

618 S.E.2d 807 (2005)

STATE of North Carolina v. Cynthia JOHNSTON.

Court of Appeals of North Carolina.

September 20, 2005.


Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III, by Special Deputy Attorney General William P. Hart and Assistant Attorney General Caroline Farmer, for the State.

Jeffrey Evan Noecker, Wilmington, for defendant-appellant.


HUNTER, Judge.

Cynthia Johnston ("defendant") presents the following issues for our consideration: Did the trial court err by (I) failing to instruct the jury regarding an essential element of felonious damage to computers; (II) denying her motion to dismiss; and (III) entering judgment on a fatally flawed indictment. After careful review, we vacate the judgment of the trial court and remand this case for entry of judgment...

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