When someone is charged with first-degree murder in North Carolina, many people assume the State must prove the defendant personally intended to kill the victim. But under the felony murder rule, that is not always the case. A recent unpublished decision from the North Carolina Court of Appeals, State v. Massey, No. COA 25-346 (N.C. Ct. App. Feb. 18, 2026), illustrates just how broadly felony murder can reach—and how difficult it can be to challenge the sufficiency of the State’s evidence on appeal.
The Felony Murder Rule in North Carolina
Under N.C.G.S. § 14-17(a), a murder committed during the perpetration or attempted perpetration of certain felonies—including robbery—qualifies as first-degree murder. The State does not need to prove that the defendant intended to kill anyone. It only needs to show that a killing occurred during the course of the underlying felony and that the defendant (or someone acting in concert with the defendant) caused the death.
This means that if you participate in a robbery and your co-defendant kills someone during that robbery, you can be convicted of first-degree murder and sentenced to life in prison without parole—even if you never fired a shot.
What Happened in State v. Massey
In Massey, the defendant was convicted of first-degree felony murder and attempted robbery with a dangerous weapon after the victim was shot and killed during what prosecutors alleged was an attempted robbery at a Monroe apartment complex. The State’s theory was that the defendant and others planned to rob the victim to raise money for a friend’s bail bond. The evidence included a recorded jail phone call discussing the plan, an eyewitness identification, social media posts linking the defendant to a distinctive firearm recovered at the scene, DNA evidence on a discarded hoodie, and the victim’s belongings found nearby after the shooting.
The defendant challenged his convictions by arguing the evidence was insufficient. The Court of Appeals disagreed, holding that the State presented “more than a scintilla” of evidence supporting each element of the charges.
The “More Than a Scintilla” Standard
One of the most important takeaways from Massey is how the court applied the standard of review for motions to dismiss. Under recent North Carolina Supreme Court precedent, including State v. Bracey (2025), a motion to dismiss should be denied if there is “more than a scintilla of evidence” supporting each element. As a concurrence in a companion case noted, this is “not a high bar.”
When reviewing sufficiency, the court views all evidence in the light most favorable to the State, draws every reasonable inference in the State’s favor, and ignores any evidence unfavorable to the prosecution. This makes it extremely difficult for defendants to prevail on a sufficiency challenge, particularly in cases built on circumstantial evidence where the jury is permitted to make “inferences on inferences.”
Acting in Concert Expands Liability
The Massey court also highlighted how the acting in concert doctrine broadens criminal liability. Under this theory, if two or more people join together to commit a crime, each person is responsible for the unlawful acts committed by the others in furtherance of that shared purpose. In Massey, even if the defendant’s co-participant—not the defendant—was the one who shot the victim, the defendant could still be convicted of both attempted robbery and felony murder based on their common plan.
This is a critical point for anyone facing criminal charges involving co-defendants. Participating in a plan that goes wrong can expose you to the most serious consequences—even life without parole—regardless of your individual role in the violence that occurs.
What This Means If You Are Facing Charges
Cases like Massey underscore several realities of the North Carolina criminal justice system. First, the felony murder rule means that the consequences of participating in a felony can be catastrophic, even if you did not intend or cause a death. Second, the evidentiary standard for surviving a motion to dismiss is extremely low, meaning most cases—even those built largely on circumstantial evidence—will go to the jury. Third, acting in concert instructions allow juries to hold defendants responsible for acts committed by their co-conspirators.
If you or a loved one is facing charges involving murder, robbery, or other serious felonies in North Carolina, it is essential to have an experienced defense attorney who understands how these legal doctrines work and can build the strongest possible defense at trial—before the case ever reaches the appellate stage. At The Chetson Firm, board certified criminal law specialist Damon Chetson has tried more than 25 jury trials and understands how to challenge the State’s evidence where it matters most. Contact us today for a consultation.