STATE v. CAPPS

No. 206A19.

843 S.E.2d 167 (2020)

STATE of North Carolina v. Ben Lee CAPPS.

Supreme Court of North Carolina.

Filed June 5, 2020.


Attorney(s) appearing for the Case

Joshua H. Stein , Attorney General, by Kristin J. Uicker , Assistant Attorney General, for the State-appellant.

Glenn Gerding , Appellate Defender, by Nicholas C. Woomer-Deters , Assistant Appellate Defender, for defendant-appellee.


Under North Carolina law, a prosecutor may freely amend a criminal warrant to correct allegations regarding property ownership as long as doing so either does not change the nature of the offense charged or is otherwise authorized by law. In this case we decide whether a prosecutor loses...

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