Smith's Criminal Case Compendium
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State v. Marion, 233 N.C. App. 195 (Apr. 1, 2014)
The evidence was sufficient to support convictions for murder, burglary, and armed robbery on theories of acting in concert and aiding and abetting. The court noted that neither acting in concert nor aiding and abetting require a defendant to expressly vocalize her assent to the criminal conduct; all that is required is an implied mutual understanding or agreement. The State’s evidence showed that the defendant was present for the discussions and aware of the group’s plan to rob the victim Wiggins; she noticed an accomplice’s gun; she was sitting next to another accomplice in a van when he loaded his shotgun; she told the group that she did not want to go up to the house but remained outside the van; she walked toward the house to inform the others that two victims had fled; she told two accomplices “y’all need to come on;” she attempted to start the van when an accomplice returned but could not release the parking brake; and she assisted in unloading the goods stolen from Wiggins’ house into an accomplice’s apartment after the incident.