State v. McKoy
| Citation | 363 N.C. 586,683 S.E.2d 215 |
| Decision Date | 27 August 2009 |
| Docket Number | No. 241P09.,241P09. |
| Parties | STATE of North Carolina v. William Edward McKOY. |
| Court | United States State Supreme Court of North Carolina |
ORDER
Upon consideration of the petition filed on the 10th day of June 2009 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:
"Denied by order of the Court in conference, this the 27th day of August 2009."
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27 cases
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State v. Perkins
...¶ 22 The indictments charging Defendant with rape and statutory sexual offense identify the victim with greater precision than required by McKoy or N.C. Gen. §§ 15-144.1 and -144.2, the statutes authorizing the use of short-form indictments to charge rape and statutory sexual offense, becau......
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State v. Perkins
...... offense be alleged"). Moreover, we have previously held. that under N.C. Gen. Stat. §§ 15-144.1 and -144.2,. short-form indictments charging the crimes of rape and. statutory sexual offense using the victim's initials to. identify the victim are facially valid. State v. McKoy , 196 N.C.App. 652, 657-58, 675 S.E.2d 409, 411-14,. disc. rev. denied , 363 N.C. 586, 683 S.E.2d 215. (2009). . . ¶. 21 However, because a facially invalid indictment does not. "confer subject-matter jurisdiction on the trial. court[,]" State v. Lyons , 268 N.C.App. ......
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State v. Perkins
...... offense be alleged"). Moreover, we have previously held. that under N.C. Gen. Stat. §§ 15-144.1 and -144.2,. short-form indictments charging the crimes of rape and. statutory sexual offense using the victim's initials to. identify the victim are facially valid. State v. McKoy , 196 N.C.App. 652, 657-58, 675 S.E.2d 409, 411-14,. disc. rev. denied , 363 N.C. 586, 683 S.E.2d 215. (2009). . . ¶. 21 However, because a facially invalid indictment does not. "confer subject-matter jurisdiction on the trial. court[,]" State v. Lyons , 268 N.C.App. ......
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State v. Perkins
...¶ 22 The indictments charging Defendant with rape and statutory sexual offense identify the victim with greater precision than required by McKoy or N.C. Gen. §§ 15-144.1 and -144.2, the statutes authorizing the use of short-form indictments to charge rape and statutory sexual offense, becau......
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