The N.C. Court of Appeals says a state judge erred in dismissing two first-degree murder counts against a man prosecutors say shot a woman who was five months pregnant, resulting in the loss of her unborn twins.
The expectant mother survived.
It was not immediately clear following Tuesday's ruling whether murder charges will now be refiled against defendant Gregory R. Chapman, who also faces felony assault and weapons counts. Duplin County District Attorney Ernie Lee did not respond to messages seeking comment.
The 2008 shooting occurred before passage of a 2011 law making the killing of a fetus a homicide. A judge dismissed the murder charges against Chapman in 2010, ruling the twins were too undeveloped to survive outside the womb. Chapman has remained in jail during the appeal.