State v. Ellis

CLARK, Judge.

After entry of the jury verdicts, all defendants made motions “in arrest of judgment” on the following ground: The foreman of the grand jury by his signature attested that each bill of indictment was “A true bill,” which failed to comply with the requirement of G.S. 15A-644(a) (5) that the signature of the foreman must attest “the concurrence of 12 or more grand jurors in the finding of a true bill of indictment.”

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…