Reseña de North Carolina v. Melvin

North Carolina v. Melvin de Court of Appeals of North Carolina Resumen del Libro

By separate assignments of error, defendant Warren contends that one of the indictments was fatally defective, that the trial court erred in certain of its evidentiary rulings, and that certain of the charges against him should have been dismissed because the States evidence was insufficient to establish his guilt. He also contends that the defense of entrapment was established as a matter of law, requiring dismissal of all charges against him. Both defendants challenge the sufficiency of the evidence to sustain their convictions for conspiracy. They also contend that remarks by the District Attorney during his closing argument to the jury entitle them to a new trial. We have carefully considered each of their joint and several contentions and conclude that, although certain errors occurred at the trial, the errors were not prejudicial to the defendants rights to a fair trial and do not require that a new trial be awarded. However, because the trial court permitted each defendant to be convicted of two separate conspiracies upon evidence of only one scheme or agreement, we arrest judgment as to each defendants conviction for conspiracy to possess 200 grams or more, but less than 400 grams, of cocaine.

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