Smith's Criminal Case Compendium

Smith's Criminal Case Compendium

About

This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 – Present. Selected 4th Circuit cases also are included.

Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff.

Instructions

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E.g., 11/27/2021
E.g., 11/27/2021

Applying a definitional rather than a factual test, the court held that extortion is not a lesser included offense of armed robbery.

The trial judge properly instructed the jury on extortion using the pattern jury instruction. The court rejected the notion that North Carolina recognizes a “claim of right” defense to extortion. Instead, it construed the statute to require proof that the defendant intentionally utilized unjust or unlawful means in attempting to obtain the property or other acquittance, advantage, or immunity; the statute does not require proof that the defendant sought to achieve an end to which he had no entitlement.

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