State v. Melvin, 364 N.C. 589

defendant was indicted for first-degree murder and accessory after the fact to murder; trial evidence showed defendant did not shoot the victim but acted in concert with others; among motions, the court denied severance and elected to proceed on acting-in-concert theory; trial included extensive violent confrontation and aftermath including dismantling the murder weapon; jury convicted both offenses though the offenses are mutually exclusive; court arrested judgment on accessory after the fact but sentenced life for first-degree murder; Court of Appeals reversed for plain error due to lack of instruction; Supreme Court granted discretionary review, held no plain error, and reversed and remanded; the State presented evidence supporting murder and accessory after the fact, while defense sought to limit instructions and severance; the record showed defendant present during the murder and aiding the disposal of the weapon; final disposition: reversed and remanded to Court of Appeals for remaining issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether lack of jury instruction on exclusivity was reversible error	State argues jury may be instructed to choose one offense	Melvin argues error unknown due to no timely objection	No plain error; not reversible
Whether the error, if any, affected the trial's outcome given evidence of murder	State contends evidence supports murder and accessory, justifies submission	Melvin contends error could have changed verdicts	No probable impact; verdicts would still support conviction

State v. McIntosh, 260 N.C. 749 (1963) (murder and accessory mutually exclusive; consequences for verdicts)
State v. Jewell, 104 N.C.App. 350 (1991) (mutually exclusive offenses; joinder permitted with proper instruction)
State v. Speckman, 326 N.C. 576 (1990) (joinder of offenses; give jury option to convict of one, not both)
State v. Roache, 358 N.C. 243 (2004) (acting in concert doctrine)
State v. Goode, 350 N.C. 247 (1999) (aiding and abetting standard)
State v. Mumford, 364 N.C. 394 (2010) (mutually exclusive verdicts and conviction standards)
State v. Odom, 307 N.C. 655 (1983) (plain error standard and high burden on defendant)