Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Gates, ___ N.C. App. ___, 789 S.E.2d 880 (Aug. 2, 2016)
In this second-degree sex offense case, the court vacated and remanded for entry of judgment on attempted sexual offense where the indictment charged the defendant only with an attempted, not a completed, sex offense. The indictment, labeled “Second Degree Sexual Offense,” alleged that the defendant “did attempt to engage in a sex offense with the victim.” Notwithstanding this, the trial court instructed the jury on the completed offense and provided no instruction on attempt.