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State v. Gaines4/11/1997
defendant guilty of premeditated and deliberate murder either under the theory of acting in concert or by aiding and abetting. This verdict is not inconsistent with the jury's later indication that defendant did not himself intend to kill the victim as no evidence suggested that Harris personally intended to inflict the fatal wound himself. Moreover, even if it be assumed that the verdicts were inconsistent, having determined that the evidence of mens rea was sufficient for the jury to find defendant guilty beyond a reasonable doubt on either or both theories of accomplice liability, we do not review the verdicts on the ground of inconsistency. See State v. Reid, 335 N.C. 647, 656-61, 440 S.E.2d 776, 781-83 (1994). This assignment of error is overruled.
For the foregoing reasons we conclude that defendants received a fair trial free from prejudicial error.
NO ERROR.
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