Many veteran prosecutors know the rule, "plead in the conjunctive." In other words, in an indictment or other charging document, join different theories of the crime with the word "and" instead of the word "or," even when the statute defining the offense uses "or." It's an archaic rule, but it comes up often enough that I thought I'd discuss it here. If there are multiple offenses, plead each one in a separate count. This post focuses on how to plead a single crime that can be committed multiple ways. But it's important to remember at the outset that when the state is actually charging a defendant with multiple crimes, the offenses must be alleged in different counts. Under G.S. 15A-924(a)(2), a criminal pleading must contain “[a] separate count addressed to each offense charged.” And, under G.S. 15A-924(b), “[i]f any count . . . charges more than one offense, the defendant may by timely filing a motion require the State to elect and state a single offense alleged in the count upon which the State will proceed to trial. A count may be dismissed for duplicity if the State fails to make timely election.” The state may also amend the pleading to separate the offenses into separate counts. State v. Stephens, 188 N.C. App. 286, 292 (2008) (quoting State v. Rogers, 68 N.C. App. 358, 379 (1984)). If there is a single offense that can be committed in several ways, charge the theories conjunctively in a single count, using “and” instead of [...]
Faculty Coordinators
