Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Frazier, ___ N.C. App. ___, 790 S.E.2d 312 (Jul. 5, 2016)
In this case where the defendant was convicted of felony murder with the underlying felony being felony child abuse, the court rejected the defendant’s argument that the merger doctrine prevents conviction of first-degree felony murder when there is only one victim and one assault. Although a defendant cannot be sentenced for both the underlying felony and first-degree felony murder, that did not occur here.