State v. Frazier

The motion to quash the indictment should have been allowed and, therefore, the judgment below should be reversed for the reason that the indictment does not charge a criminal offense. I, therefore, dissent from the majority opinion directing a new trial.

The statute in effect at the time of the alleged acts of the defendant, G.S. 14-12.12, made the conduct therein proscribed a crime. The difficulty is the bill of indictment does not charge the defendant with the conduct proscribed by the statute.

The acts declared by this statute to be a crime are: “to place or cause to be placed on the…