holding instruction on a theory not charged in the indictment was not plain error when the instruction placed a higher burden of proof on the State
Summary of this case from State v. MosesNo. 04-8006.
March 7, 2005.
Certiorari Denied.
Sup. Ct. N. C. Certiorari denied. Reported below: 358 N. C. 551, 599 S. E. 2d 515.
holding instruction on a theory not charged in the indictment was not plain error when the instruction placed a higher burden of proof on the State
Summary of this case from State v. MosesFull title:QUEEN v. NORTH CAROLINA
Court:U.S.
Date published: Mar 7, 2005
The trial court is required to declare a mistrial upon a defendant's motion “if there occurs during the trial…
State v. Tate]" N.C. R. App. P. 10(b)(2) (2006). When a question as to the jury instructions in a criminal case was not…