State v. Crandell, 208 N.C. App. 227

Crandell, Perry, Corey, and Thomas shot in EP Mart parking lot; Derek Morris, an innocent bystander, was killed.
Two firearms used: Crandell’s .40 caliber pistol and Thomas’ .32 caliber pistol; .40 caliber shell casings found at scene.
A .40 caliber pistol was seized from Crandell; a .32 caliber pistol was located at Thomas' residence.
Bullets recovered: one .40 caliber and one .32 caliber from Morris vehicle; Derek’s head fragment weighed 6.2 grams.
Expert/tobservation evidence linked lead fragment to weapons of .38 caliber or larger; Rothrock weighed bullets; Tanner testified on bullet identification.
Crandell was indicted for first-degree murder; jury found him guilty; sentenced to life without parole.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency to prove identity	Crandell fired the fatal shot.	No direct proof Crandell shot Derek.	There was substantial circumstantial evidence Crandell fired the fatal shot.
Malice, premeditation, deliberation	Use of a .40 caliber pistol shows malice and premeditation.	Evidence shows careless use, not fixed intent.	Evidence supported malice, premeditation, and deliberation sufficient for jury submission.
Jury instructions	Premeditation/deliberation instruction was proper due to evidentiary basis.	Instruction should not have been given without evidence.	Instruction was proper; no error.
Lay witness testimony on calibers	Rothrock’s lay-caliber testimony aided evidentiary understanding.	Should have been excluded as expert testimony or too prejudicial.	Lay testimony properly admitted under Rule 701; sufficient corroboration via expert Tanner.
Short-form indictment sufficiency	Short-form indictment complies with constitution and grants jurisdiction.	Indictment defective.	No error; short-form indictment valid and jurisdiction confers.

State v. Powell, 299 N.C. 95 (1980) (standard for reviewing sufficiency of circumstantial evidence)
State v. Burgess, 345 N.C. 372 (1997) (murder first degree requires malice, premeditation, deliberation)
State v. Laws, 345 N.C. 585 (1997) (circumstantial evidence inference guidelines)
State v. Locklear, 331 N.C. 239 (1992) (transferred intent doctrine; malice follows the bullet)
State v. Wynn, 278 N.C. 513 (1971) (transferred intent principles)
State v. Faust, 254 N.C. 101 (1961) (definition of premeditation and deliberation)
State v. Faulkner, 180 N.C.App. 499 (2006) (tendering expert qualification not always formal)
State v. Fisher, 171 N.C.App. 201 (2005) (lay opinion on shell casing calibers permissible)
Howerton v. Arai Helmet, Ltd., 358 N.C. 440 (2004) (three-step test for admissibility of expert testimony)
State v. Odom, 307 N.C. 655 (1983) (plain error standard of review)
State v. Braxton, 352 N.C. 158 (2000) (short-form indictments valid under constitutions)