State v. McLean, ___ N.C. App. ___, 796 S.E.2d 804 (Feb. 7, 2017)

The State conceded, and the court held, that the indictment was insufficient to support a conviction for discharging a firearm within an enclosure to incite fear. The indictment improperly alleged that the defendant discharged a firearm “into” an occupied structure; the statute, G.S. 14-34.10, requires that the defendant discharge a firearm “within” an occupied building.