Opinion

State v. Brown

  • 248 N.C. 314
  • 103 S.E.2d 343
  • 1958 N.C. LEXIS 481
Court
Supreme Court of North Carolina
Filed
Apr 30, 1958
Status
Published
Cited by
0 cases

The opinion

Per Curiam.

The assignments of error brought forward on this appeal are without merit and are overruled. Even so, the Court, ex mero motu, takes cognizance of the fact that the verdict is not sufficient to support the judgment. It neither alludes to the bill of indictment nor uses language to show the conviction of the offense charged therein. Therefore, on authority of S. v. Brown, ante, 311, and for the reasons stated therein, a venire de novo is ordered.

Moreover, if the Solicitor desires to try the defendant for transporting, as well as for the unlawful possession of intoxicating liquors, he must obtain an indictment charging the defendant with the unlawful and wilful transportation of intoxicating liquors, contrary to law. No such charge is contained in the bill of indictment under which the jury *316 purported to convict him of illegally transporting intoxicating liquors.

Venire de Novo.

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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