State v. Jordan

It appearing upon the face of the record that the bill of indictment is fatally defective, this Court, of its own motion, arrests the judgment. S. v. Lucas, 244 N.C. 53, 92 S.E. 2d 401, and cases cited.

The indictment charges that defendant escaped on January 9, 1957, from the State prison system, and that “said prisoner (had) been previously convicted of escape.” No averment purports to answer any of these questions: Who had custody of defendant when the alleged escape on January 9, 1957, occurred? Was defendant then serving a sentence imposed upon conviction of a criminal offense? If so, by…