Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Malloy, ___ N.C. App. ___, 809 S.E.2d 14 (Dec. 19, 2017)
Hit and run resulting in injury is a lesser included offense of hit and run resulting in death. The defendant was indicted for a felonious hit and run resulting in death. At trial the State requested that the jury be instructed on the offense of felonious hit and run resulting in injury. Over the defendant’s objection, the trial court agreed to so instruct the jury. The jury found the defendant guilty of that offense. On appeal, the court held that because felonious hit and run resulting in injury is a lesser included offense of hit and run resulting in death no error occurred.