[Download] "North Carolina v. Greer" by Court of Appeals of North Carolina No. 8125SC923 ~ eBook PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Greer
- Author : Court of Appeals of North Carolina No. 8125SC923
- Release Date : January 07, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Defendant's only assignment of error is the denial of his motion to dismiss. At trial, defendant did not move to quash the indictment nor did defendant otherwise challenge the sufficiency of the indictment. Defendant did not argue the sufficiency of the indictment on appeal. Despite these circumstances, the bill of indictment, upon which the prosecution is based, is before us as a part of the record proper, and we are charged with notice of its contents. State v. Able, 11 N.C. App. 141, 180 S.E.2d 333 (1971). If the bill of indictment is insufficient on its face to state a criminal charge and support a conviction, this Court, ex mero motu, should so declare and arrest the judgment. State v. Able, supra. See also State v. Wallace, 25 N.C. App. 360, 213 S.E.2d 420 (1975), cert. denied, 287 N.C. 468, 215 S.E.2d 628 (1975). See also 4 N.C. Index 3d, Criminal Law, Sec. 127 and 146.2.