STATE v. DEWALT

No. COA10-559.

703 S.E.2d 872 (2011)

STATE of North Carolina v. Mickey James DEWALT.

Court of Appeals of North Carolina.

January 4, 2011.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General William P. Hart, Jr. , for the State.

Paul Y.K. Castle for defendant-appellant.


BRYANT, Judge.

Where the statute defining the offense of speeding to elude arrest does not specify that a particular aggravating factor must be proved as required for conviction of a separate offense under a different statute, the trial court does not err in so instructing the jury. Where the evidence at trial is clear and positive as to each element of the offense charged and no evidence supports a lesser-included offense, the trial court need not instruct on the...

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