State v. CareyAnnotate this Case
The Supreme Court reversed the decision of the court of appeals reversing in part the trial court's judgments and holding that the trial court had erred by denying Defendant's motion to dismiss the possession of a weapon of mass death and destruction charge for insufficiency of the evidence, holding that a "flash bang" grenade is a weapon of mass death and destruction as defined in N.C. Gen. Stat. 14-288.8(a).
Defendant was convicted of, among other things, possession of a weapon of mass death and destruction, which stemmed from his possession of "flash bang" grenades. The court of appeals reversed in part, holding that the flash bang grenades found in Defendant's car were not devices or weapons or grenades capable of causing mass death and destruction when constructing section 14-288.8(c)(1). The Supreme Court reversed, holding that the State presented substantial evidence tending to show that Defendant possessed an "explosive or incendiary" grenade in violation of N.C. Gen. Stat. 14-288.8(a).