State v. White
Supreme Court of North Carolina
1Opinion of the Court
BEASLEY, Chief Justice.
**249The sole question presented by this appeal is whether the superseding indictment upon which defendant was tried and convicted was facially defective, and thus failed to establish jurisdiction in the trial court, because it identified the alleged victim only as "Victim #1." For the reasons stated below, we hold that an indictment identifying the alleged victim only as "Victim #1" fails to satisfy the statutory requirement that the indictment name the victim; and, therefore, the indictment is facially invalid. As a result, the trial court's judgment must be vacated.
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2Cases cited21 opinions
- Burgess v. Your House of Raleigh, Inc.Supreme Court of North Carolina · 1990
- State v. SturdivantSupreme Court of North Carolina · 1981
- State v. WallaceSupreme Court of North Carolina · 2000
- State Ex Rel. Utilities Commission v. EdmistenSupreme Court of North Carolina · 1977
- State v. GreerSupreme Court of North Carolina · 1953
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- In re: D.W.L.B.Court of Appeals of North Carolina · 2019
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