State v. Rankin

The Supreme Court affirmed the decision of the Court of Appeals vacating Defendant’s conviction for felony littering upon concluding that the indictment failed to allege an essential element of the statutory crime and was fatally defective, holding that the indictment was facially invalid.In concluding that the indictment was fatally defect, the Court of Appeals held that the trial court lacked jurisdiction over Defendant, and therefore, the conviction must be vacated. The Supreme Court affirmed, holding that N.C. Gen. Stat. 14-399(a)(1), which requires that the accused be an unauthorized person depositing refuse on land not designated by the State for such a use, is an essential element of the crime of felony littering rather than an affirmative defense. View "State v. Rankin" on Justia Law