State v. Leach

In State v. Leach, 340 N.C. 236, 241, 456 S.E.2d 785, 788 (1995) the Supreme Court of North Carolina held, "The instruction in question informs a jury that the circumstances given are only illustrative; they are merely examples of some circumstances which, if shown to exist, permit premeditation and deliberation to be inferred." Id. at 241, 456 S.E.2d at 789. The instruction "does not indicate to the jury that the trial court is of the opinion that evidence exists which would support each or any of the circumstances listed." Id. at 242, 456 S.E.2d at 789. The Supreme Court held that "the trial court did not err by giving the instruction at issue here, even in the absence of evidence to support each of the circumstances listed." Id.