Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Trogdon, 216 N.C. App. 15 (Sept. 20, 2011)
No plain error occurred when the trial court admitted expert medical testimony identifying the victim’s death as a homicide. Medical experts described the nature of the victim’s injuries and how those injuries had resulted in his death. Their testimony did not use the word "homicide" as a legal term of art but rather to explain that the victim’s death did not occur by accident. Neither witness provided evidence that amounted to a legal conclusion based on the facts; instead, they testified as to the factual mechanism that resulted in the victim’s death.