Opinion

State v. Brown

  • 237 N.C. 439
  • 75 S.E.2d 108
  • 1953 N.C. LEXIS 529
Court
Supreme Court of North Carolina
Filed
Mar 25, 1953
Status
Published
Author
Ctjbiam
On the bench
Ctjbiam
Cited by
0 cases
Authority
More cited than 14.6%

The opinion

Pee Ctjbiam.

There is nothing on tbe record before us to indicate any vagueness or irregularity by tbe grand jury in returning tbe bill of indictment as “A True Bill.” Moreover, where a defendant is charged with a felony and pleads guilty to a misdemeanor, bis motion in arrest' of judgment for defect in the indictment charging tbe felony cannot be sustained. Tbe sentence in such cases is based upon the defendant’s voluntary plea and not upon tbe indictment for a felony. S. v. Ray, 212 N.C. 748 , 194 S.E. 472 ; S. v. McKeon, 223 N.C. 404 , 26 S.E. 2d 914 .

Tbe judgment below is

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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