State v. Miles, 222 N.C. App. 593 (Aug. 21, 2012)

aff’d per curiam, 366 N.C. 503 (Apr. 12, 2013)

In a murder case, the trial court did not err by excluding evidence suggesting that the victim’s wife committed the crime. Distinguishing cases where alternate perpetrators were positively identified and both direct and circumstantial evidence demonstrated the third parties’ opportunity and means to murder, the defendant offered “merely conjecture” as to the wife’s possible actions. Additionally, the State contradicted these “speculations” with testimony by the couple’s daughters that they were with their mother on the night in question.