# State v. Brown

> Supreme Court of North Carolina · April 30, 1958 · 248 N.C. 314

URL: https://www.frixlaw.com/law-library/cases/6700182

## Case

- **Full name:** STATE v. LIVINGSTON BROWN
- **Court:** Supreme Court of North Carolina
- **Decided:** April 30, 1958
- **Citations:** 248 N.C. 314; 103 S.E.2d 343; 1958 N.C. LEXIS 481
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **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/6700182

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6700182. Public record. Not legal advice.