State v. Lancaster
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In the case before the Supreme Court of North Carolina, the defendant, Darren O'Brien Lancaster, was charged with multiple offenses, including two counts of "going armed to the terror of the public." The charges stemmed from incidents at two locations where Lancaster was reported to be waving a firearm and causing a disturbance. He was found guilty and sentenced to a minimum of fifteen months and a maximum of twenty-seven months in prison.
On appeal, the Court of Appeals found that the indictment charging Lancaster with "going armed to the terror of the public" was deficient because it did not allege that the crime occurred on a public highway, which the Court of Appeals considered to be a necessary element of the crime based on its previous decision in State v. Staten. As a result, the Court of Appeals vacated Lancaster's conviction for this charge and remanded the case for resentencing.
The Supreme Court of North Carolina reversed the decision of the Court of Appeals. The Supreme Court held that the crime of "going armed to the terror of the public" does not require the conduct to occur on a public highway. Rather, the elements of this common law crime are that the accused (1) went about armed with an unusual and dangerous weapon, (2) in a public place, (3) for the purpose of terrifying and alarming the peaceful people, and (4) in a manner which would naturally terrify and alarm the peaceful people. The Supreme Court found that the indictment against Lancaster adequately alleged facts supporting each of these elements. Therefore, the indictment was not deficient, and Lancaster's conviction for "going armed to the terror of the public" was reinstated.
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