State v. Melton

The Supreme Court reversed the decision of the Court of Appeals upholding Defendant’s conviction for attempted murder, holding that Defendant’s motion to dismiss was improperly denied.A jury found Defendant guilty of attempted first-degree murder and solicitation to commit first-degree murder. The Court of Appeals concluded that the trial court did not err in denying Defendant’s motion to dismiss the attempted murder charge because there was “sufficient evidence of an overt act to permit the case to go to the jury.” The Supreme Court reversed, holding (1) the Court of Appeals’ reliance upon cases from other jurisdictions, all of which had statutory frameworks different from this Court’s, provided inadequate support for its decision; and (2) the evidence did not show an “overt act” amounting to attempt as defined by North Carolina law. View "State v. Melton" on Justia Law