State v. Sellers

How this cause reached this Court is of little moment. The record discloses the patent invalidity of the judgment pronounced which works a substantial injustice to the petitioner. It is our duty to take cognizance thereof and correct it, either in the exercise of our appellate or our supervisory jurisdiction, depending on how the case is presented. S. v. Shipman, 203 N.C. 325, 166 S.E. 298; S. v. Cochran, 230 N.C. 523, 53 S.E. 2d 663.

The identity of the bill of indictment for robbery to which the petitioner entered his plea cannot be successfully challenged. The bill was returned in case No.…