State v. Grainger
Annotate this CaseAfter a jury trial, Defendant was convicted of first-degree murder under theories of both premeditation and deliberation and under the felony murder rule. The Court of Appeals ordered a new trial, concluding that the trial court erred by declining to give an accessory before the instruction under N.C. Gen. Stat. 14-5.2 and that the error was prejudicial. The Supreme Court reversed the decision of the Court of Appeals, holding that Defendant’s conviction for first-degree murder under a theory of felony murder was supported by ample evidence, and therefore, no new trial was warranted, and the conviction must stand.
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