Legal Opinion · Dissent

State v. Johnson

Supreme Court of North Carolina

Decided January 23, 1942Published

1DissentWiNBORNE, J.

The Constitution of North Carolina declares that in all criminal prosecutions every man has the right to be informed of the accusation against him, and that no person shall be put to answer any charge except by indictment, presentment, or impeachment. Art. I, sections 11 and 12. An accused has the right to- be informed of the specific accusation against him, and to be tried accordingly. Hence, the motion in arrest of judgment, aptly made by defendant, but not referred to in the majority opinion, is meritorious, in my opinion, and should be allowed for that the warrant is fatally defective.…

2Cases cited26 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
  3. United States v. HessSupreme Court of the United States · 1888
  4. Evans v. United StatesSupreme Court of the United States · 1894
  5. United States v. SimmonsSupreme Court of the United States · 1878

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