State v. Froneberger

MARTIN (Robert M.), Judge.

Defendant has preserved ten of his fourteen assignments of error on appeal. He first assigns error to the bill of indictment alleging that it was fatally defective for failure to allege the elements of lack of consent, the age of the victim and the correct name of the defendant. Defendant’s motion in arrest of judgment was made after the verdict was entered and appears to have been based solely upon the misspelling of defendant’s name in the bill of indictment. We note, however, that pursuant to G.S. 15A-1446(d)(4), failure of an indictment to state the essential…