STATE v. MALACHI

No. COA16-752.

799 S.E.2d 645 (2017)

The STATE of North Carolina, v. Terance Germaine MALACHI, Defendant.

Court of Appeals of North Carolina.

Filed: April 18, 2017.


Attorney(s) appearing for the Case

Attorney General Joshua H. Stein , by Special Deputy Attorney General John R. Green, Jr. , for the State.

Appellate Defender Glenn Gerding , by Assistant Appellate Defender Constance E. Widenhouse , for Defendant-Appellant.


When a trial judge instructs the jury that it can find a criminal defendant guilty based upon alternative theories of a crime, including one theory not supported by the evidence, over the defendant's objection, precedent requires us to vacate and order a new trial.

Terance Germaine Malachi ("Defendant") appeals from his conviction...

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