Opinion · Supreme Court of North Carolina

State v. Wallace

331 N.C. 290

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1992-03-04
Topic
commercial

How later courts describe this case

  • harmless beyond a reasonable doubt proper standard for violations of both federal and state constitutions
  • trial court’s failure to instruct on presence in acting in concert case did not have a probable impact on jury’s finding of guilt because there was substantial evidence of defendant’s constructive presence at the scene

Citator

UpLaw has not yet analyzed State v. Wallace. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
54 opinions
416 S.E.2d 398 (1992) 331 N.C. 290

STATE of North Carolina
v.
Chester Fletcher WALLACE.

No. 558P91.

Supreme Court of North Carolina.

March 4, 1992.

Benjamin Sendor, Asst. Appellate Defender, Raleigh, for defendant.

Daniel F. McLawhorn, Sp. Deputy Atty. Gen., Raleigh, Warren Sparrow, Dist. Atty., for the State.

Prior report: 104 N.C.App. 498, 410 S.E.2d 226.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Attorney General; and upon consideration of the petition for discretionary review of the decision of the North Carolina Court of Appeals, filed by Defendant pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 4th day of March 1992."

The petition for discretionary review is:

"Denied by order of the Court in conference, this the 4th day of March 1992."