State v. Dale, 245 N.C. App. 497 (Feb. 16, 2016)

The trial court did not commit plain error in instructing the jury on disorderly conduct in a public building or facility where it required the State to prove an element not required by the statute (that the “utterance, gesture or abusive language that was intended and plainly likely to provoke violent retaliation, and thereby caused a breach of the peace”). Because the State had to prove more than was required to obtain a conviction, the defendant did not suffer prejudice.