State v. Rambert

In State v. Rambert, 341 N.C. 173, 175, 459 S.E.2d 510, 512 (1995), the "indictments were identical and did not describe in detail the specific events or evidence that would be used to prove each count." Rambert, 341 N.C. at 176, 459 S.E.2d at 512. The Court, however, held that the indictments were sufficient since "indictments need only allege the ultimate facts constituting each element of the criminal offense." Id. Nevertheless, the Court acknowledged that "because a very detailed account is not necessary for legally sufficient indictments, examination of the indictments is not always dispositive on the issue of double jeopardy." Id. The Court, therefore, examined the facts underlying each charge and noted that the evidence showed that the defendant fired three separate shots, holding that "each shot, fired from a pistol, as opposed to a machine gun or other automatic weapon, required that defendant employ his thought processes each time he fired the weapon. Each act was distinct in time, and each bullet hit the vehicle in a different place." Id. at 176-77, 459 S.E.2d at 513 The Rambert Court "concluded that the defendant's conviction and sentencing on three counts of discharging a firearm into occupied property did not violate double jeopardy principles." Rambert, 341 N.C. at 177, 459 S.E.2d at 513.