In indictments for murder and manslaughter, it is not necessary to allege matter not required to be proved on the trial; but in the body of the indictment, after naming the person accused, and the county of his residence, the date of the offense, the averment "with force and arms," and the county of the alleged commission of the offense, as is now usual, it is sufficient in describing murder to allege that the accused person feloniously, willfully, and of his malice aforethought, did kill and murder (naming the person killed), and concluding as is now required by law; and it is sufficient in describing manslaughter to allege that the accused feloniously and willfully did kill and slay (naming the person killed), and concluding as aforesaid; and any bill of indictment containing the averments and allegations herein named shall be good and sufficient in law as an indictment for murder or manslaughter, as the case may be. (1887, c. 58; Rev., s. 3245; C.S., s. 4614.)
Notes of Decisions
Cited in
159
cases (
9 in the last 5 years), 1945–2026 · leading case:
State v. Rankin, 821 S.E.2d 787 (N.C. 2018).
State v. Rankin, 821 S.E.2d 787 (N.C. 2018).
· cites it 27× “That statute, now codified at N.C.G.S. § 15-144, declares an indictment for murder sufficient if it “allege[s] that the accused person feloniously, willfully, and of his malice aforethought, did kill and murder” the named victim.”
State v. Garcia, 597 S.E.2d 724 (N.C. 2004).
· cites it 28× “§ 15-144, which states: In indictments for murder and manslaughter, it is not necessary to allege matter not required to be proved on the trial; but in the body of the indictment, after naming the person accused, and the county of his residence, the date of the offense, the…”
State v. Tart, 824 S.E.2d 837 (N.C. 2019).
· cites it 52× “N.C.G.S. § 15-144 (2017). The indictment in the case at bar, in charging defendant with the criminal offense of attempted first-degree murder, states in pertinent part: “the defendant [Jermaine Antwan Tart] unlawfully, willfully and feloniously did attempt to kill and slay…”
State v. Hunt, 582 S.E.2d 593 (N.C. 2003).
· cites it 17× “Petitioner was indicted pursuant to short-form murder indictments authorized by N.C.G.S. § 15-144. Petitioner was tried and convicted on all counts at the 18 November 1985 session of Superior Court, Robeson County.”
State v. Thomas, 386 S.E.2d 555 (N.C. 1989).
· cites it 28× “This indictment was in the form prescribed by N.C.G.S. § 15-144. "An indictment for homicide in the words of G.”
State v. Riley, 528 S.E.2d 590 (N.C. Ct. App. 2000).
· cites it 48× “The substance of defendant's claim in his MAR is that use of a "short form" indictment pursuant to N.C. Gen.Stat. § 15-144 (1999) to charge him with first-degree murder was unconstitutional.”
State v. Camacho, 446 S.E.2d 8 (N.C. 1994).
· cites it 36× “" The case was prosecuted as a first-degree murder on the theory that the murder of Rhonda Leonard Price was perpetrated by means of lying in wait in violation of N.”
State v. Hammonds, 541 S.E.2d 166 (N.C. Ct. App. 2000).
· cites it 20× “t required to be proved on the trial; but in the body of the indictment, after naming the person accused, and the county of his residence, the date of the offense, the averment "with force and arms," and the county of the alleged commission of the offense, as is now usual, it is…”
State v. Phillips, 565 S.E.2d 697 (N.C. Ct. App. 2002).
· cites it 18× “He concedes that the indictment complies with N.C.G.S. § 15-144 (2001). He further concedes that this Court is bound by our Supreme Court decisions rejecting constitutional challenge to N.”
State v. Schalow, 795 S.E.2d 567 (N.C. Ct. App. 2016).
· cites it 14× “" The cause in 14 CRS 50887 was called for trial on 17 March 2015, the jury was impaneled, and the State presented evidence against Defendant. After the jury was excused following the first day of trial, Judge Powell alerted the parties to the fact the indictment failed to…”
State v. Avery, 337 S.E.2d 786 (N.C. 1985).
· cites it 11× “The indictment complies with the short form indictment for murder authorized by G.S. 15-144, Essentials of bill for homicide, which provides: In indictments for murder .”
State v. Brown, 358 S.E.2d 1 (N.C. 1987).
· cites it 9× “Defendant *191 was charged in a “short-form” indictment, authorized by N.C.G.S. § 15-144, that read in pertinent part: The jurors for the State upon their oath present that on or about the date of offense shown and in the county named above the defendant unlawfully, willfully…”
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