Summary
explaining that constructive presence for the purposes of finding defendant guilty of a crime under a theory of acting in concert "is not determined by the defendant’s actual distance from the crime; the accused simply must be near enough to render assistance if need be and to encourage the actual perpetration of the crime"
Summary of this case from State v. KellyOpinion
No. 219A07.
October 12, 2007.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 182 N.C. App.___, 642 S.E.2d 491 (2007), finding no prejudicial error in a judgment entered 7 December 2005 by Judge John O. Craig III in Superior Court, Guilford County. Heard in the Supreme Court 12 September 2007.
Roy Cooper, Attorney General, by Amanda P. Little, Assistant Attorney General, for the State. James N. Freeman, Jr. for defendant-appellant.
AFFIRMED.