# State v. Brown

> Supreme Court of North Carolina · March 25, 1953 · 237 N.C. 439

URL: https://www.frixlaw.com/law-library/cases/6699527

## Case

- **Full name:** STATE v. JOE BROWN
- **Court:** Supreme Court of North Carolina
- **Decided:** March 25, 1953
- **Citations:** 237 N.C. 439; 75 S.E.2d 108; 1953 N.C. LEXIS 529
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Ctjbiam
- **Judges:** Ctjbiam
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6699527

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6699527. Public record. Not legal advice.