concerted action principle in North Carolina

29 North Carolina opinions name it 2 courts 1979–2020 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

Case	Followed	Cited
State v. Joynergreen nc · 1979 · cited in 25 North Carolina opinions naming this issue, 1981–2020 2 sentences 2020DOVE Opinion of the Court is not . . . necessary for a defendant to do any particular act constituting at least part of a crime in order to be convicted of that crime under the concerted action principle[.]” Joyner, 297 N.C. at 357 , 255 S.E.2d at 395 . 2020DOVE Opinion of the Court is not . . . necessary for a defendant to do any particular act constituting at least part of a crime in order to be convicted of that crime under the concerted action principle[.]” Joyner, 297 N.C. at 357 , 255 S.E.2d at 395 .	15	25
State v. Jefferiesgreen nc · 1993 · cited in 1 North Carolina opinions naming this issue, 2014–2014 2 sentences 2014Under the doctrine of concerted action, “[a] person may be found guilty of committing a crime if he is at the scene acting together with another person with a common plan to commit the crime, although the other person does all the acts necessary to commit the crime.” State v. Jefferies, 333 N.C. 501, 512 , 428 S.E.2d 150, 156 (1993) (citing State v. Joyner, 297 N.C. 349 , 255 S.E.2d 390 (1979)). 2014Under the doctrine of concerted action, “[a] person may be found guilty of committing a crime if he is at the scene acting together with another person with a common plan to commit the crime, although the other person does all the acts necessary to commit the crime.” State v. Jefferies, 333 N.C. 501, 512 , 428 S.E.2d 150, 156 (1993) (citing State v. Joyner, 297 N.C. 349 , 255 S.E.2d 390 (1979)).	1	1
State v. Abrahamgreen nc · 1994 · cited in 1 North Carolina opinions naming this issue, 2008–2008 2 sentences 2008State v. Abraham, 338 N.C. 315, 346 , 451 S.E.2d 131, 147 (1994) . 2008State v. Abraham, 338 N.C. 315, 346 , 451 S.E.2d 131, 147 (1994) .	1	1
State v. Johnsongreen ncctapp · 2004 · cited in 1 North Carolina opinions naming this issue, 2007–2007 2 sentences 2007Id. at 356-57 , 255 S.E.2d 390 (emphasis in original and supplied); see State v. Johnson, 164 N.C.App. 1, 13 , 595 S.E.2d 176, 183 (2004) (Evidence sufficient to show the defendant acted in concert to commit robbery with a dangerous weapon when he and two co-defendants planned to rob someone by having the unarmed defendant frighten the victims, but the co-defendant instead menaced the victims with a shotgun, and the defendant took the victims' money.); see also State v. Erlewine, 328 N.C. 626, 637 , 403 S.E.2d 280, 286 (1991) (Under the theory of acting in concert, upon which the jury was inst 2007Id. at 356-57 , 255 S.E.2d 390 (emphasis in original and supplied); see State v. Johnson, 164 N.C.App. 1, 13 , 595 S.E.2d 176, 183 (2004) (Evidence sufficient to show the defendant acted in concert to commit robbery with a dangerous weapon when he and two co-defendants planned to rob someone by having the unarmed defendant frighten the victims, but the co-defendant instead menaced the victims with a shotgun, and the defendant took the victims' money.); see also State v. Erlewine, 328 N.C. 626, 637 , 403 S.E.2d 280, 286 (1991) (Under the theory of acting in concert, upon which the jury was inst	1	1
State v. Erlewinegreen nc · 1991 · cited in 1 North Carolina opinions naming this issue, 2007–2007 2 sentences 2007Id. at 356-57 , 255 S.E.2d 390 (emphasis in original and supplied); see State v. Johnson, 164 N.C.App. 1, 13 , 595 S.E.2d 176, 183 (2004) (Evidence sufficient to show the defendant acted in concert to commit robbery with a dangerous weapon when he and two co-defendants planned to rob someone by having the unarmed defendant frighten the victims, but the co-defendant instead menaced the victims with a shotgun, and the defendant took the victims' money.); see also State v. Erlewine, 328 N.C. 626, 637 , 403 S.E.2d 280, 286 (1991) (Under the theory of acting in concert, upon which the jury was inst 2007Id. at 356-57 , 255 S.E.2d 390 (emphasis in original and supplied); see State v. Johnson, 164 N.C.App. 1, 13 , 595 S.E.2d 176, 183 (2004) (Evidence sufficient to show the defendant acted in concert to commit robbery with a dangerous weapon when he and two co-defendants planned to rob someone by having the unarmed defendant frighten the victims, but the co-defendant instead menaced the victims with a shotgun, and the defendant took the victims' money.); see also State v. Erlewine, 328 N.C. 626, 637 , 403 S.E.2d 280, 286 (1991) (Under the theory of acting in concert, upon which the jury was inst	1	1
State v. Samsgreen ncctapp · 2001 · cited in 1 North Carolina opinions naming this issue, 2004–2004 2 sentences 2004It is unnecessary to show that defendant committed “any particular act constituting at least part of a crime in order to be convicted of that crime under the concerted action principle so long as he is present at the scene of the crime and the evidence is sufficient to show he is acting together with another who does the acts necessary to 282 constitute the crime pursuant to a common plan or purpose to commit the crime.” State v. Sams, 148 N.C. 2004*App. 141, 145 , 557 S.E.2d 638, 641 (2001) (citation omitted) (quoting State v. Joyner, 297 N.C. 349, 357 , 255 S.E.2d 390, 395 (1979)), appeal dismissed and disc. review denied, 355 N.C. 352 , 562 S.E.2d 429 (2002).	1	1
State v. Wilsongreen nc · 1988 · cited in 1 North Carolina opinions naming this issue, 1994–1994 2 sentences 1994Id. at 357 , 255 S.E.2d at 395 ; see also State v. Wilson, 322 N.C. 117, 141 , 367 S.E.2d 589, 603 (1988). 1994Id. at 357 , 255 S.E.2d at 395 ; see also State v. Wilson, 322 N.C. 117, 141 , 367 S.E.2d 589, 603 (1988).	1	1
State v. Begleygreen ncctapp · 1984 · cited in 1 North Carolina opinions naming this issue, 1985–1985 2 sentences 1985“It is not necessary for defendant to do any particular act constituting at least part of the crime in order to be convicted of that crime under the concerted action principle so long as he is present at the scene of the crime and the evidence is sufficient to show he was acting together with another who did the act necessary to constitute a crime pursuant to a common plan or purpose to com mit a crime.” State v. Begley, 72 N.C. 1985App. 37, 40 , 323 S.E. 2d 56, 57-58 (1984).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
State v. Lovelace green nc · 1968 2 sentences 1981In State v. Lovelace, 272 N.C. 496 , 158 S.E. 2d 624 (1968), two men, Dixon and Lovelace, were convicted of the felonious possession of implements of housebreaking. 1981In State v. Lovelace, 272 N.C. 496 , 158 S.E. 2d 624 (1968), two men, Dixon and Lovelace, were convicted of the felonious possession of implements of housebreaking.	2	1979–1981
State v. Wallace green ncctapp · 1991 1 sentence 2014To sustain a conviction, the evidence must show that the defendant (1) was present at the scene of the crime and (2) “act[ed] together with another who does the acts necessary to constitute the crime pursuant to a common plan or purpose.” State v. Wallace, 104 N.C.	1	2014–2014
State v. McNeill green nc · 2002 1 sentence 2004App. 141, 145 , 557 S.E.2d 638, 641 (2001) (citation omitted) (quoting State v. Joyner, 297 N.C. 349, 357 , 255 S.E.2d 390, 395 (1979)), appeal dismissed and disc. review denied, 355 N.C. 352 , 562 S.E.2d 429 (2002).	1	2004–2004
State v. Spencer neutral nc · 2002 1 sentence 2004App. 141, 145 , 557 S.E.2d 638, 641 (2001) (citation omitted) (quoting State v. Joyner, 297 N.C. 349, 357 , 255 S.E.2d 390, 395 (1979)), appeal dismissed and disc. review denied, 355 N.C. 352 , 562 S.E.2d 429 (2002).	1	2004–2004
State v. Collier green ncctapp · 1985 1 sentence 2001State v. Joyner, 297 N.C. 349, 357 , 255 S.E.2d 390, 395 (1979); cf. State v. Collier, 72 N.C.	1	2001–2001
State v. Mitchell green ncctapp · 1975 2 sentences 1979App. 484 , 211 S.E. 2d 645 (1975) for his view of the concerted action principle. 1979The Court of Appeals said, id. at 486-87 , 211 S.E. 2d at 647 : “If the defendant is present with another and with a common purpose does some act which forms a part of the offense charged, the judge must explain and apply the law of ‘acting in concert.’ . . .	1	1979–1979

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 8C-1 (10) NC § N.C. Gen. Stat. § 15A-1443 (5) NC § N.C. Gen. Stat. § 90-95 (5) NC § N.C. Gen. Stat. § 14-87 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NC 29 (1979–2020) WV 13 (1988–2022) NY 5 (1991–2014) WI 2 (2006–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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