STATE v. MELVIN

No. 382PA09.

707 S.E.2d 629 (2010)

STATE of North Carolina v. Jihad Rashid MELVIN.

Supreme Court of North Carolina.

December 20, 2010.


Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Norma S. Harrell , Special Deputy Attorney General, for the State-appellant.

Staples S. Hughes , Appellate Defender, by Daniel R. Pollitt , Assistant Appellate Defender, for defendant-appellee.


EDMUNDS, Justice.

In this case we consider whether the trial court erred by failing to instruct the jury that it could not convict defendant of both first-degree murder and accessory after the fact to murder. Although we conclude that the trial court should have given the instruction, defendant failed timely to object to its omission. Because we find no plain error, we reverse the decision of the Court of Appeals.

On 10 July 2007, defendant was indicted for...

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