State v. Roberts

HEDRICK, Judge.

The defendant assigns as error the Court’s denial of his motion in arrest of judgment in the count charging the defendant with larceny.

A motion in arrest of judgment is one made after verdict and to prevent entry of judgment and is based upon the insufficiency of the indictment or some other fatal defect appearing on the face of the record. State v. Kirby, 276 N.C. 123, 171 S.E. 2d 416 (1970).

The second count in the bill of indictment attempted to charge the defendant with felonious larceny in the following language:

“. . . That James Clifford Roberts, on the 4th day of August,…