Legal Opinion

State v. McCollum

Supreme Court of North Carolina

Decided May 18, 1921PublishedCited by 10 opinions

Appeal by defendant from Bryson, J., at tbe January Term, 1921, of MONTGOMERY. Tbe indictment is for violation of prohibition laws of State, and contains five counts, and tbe case on appeal states tbat defendant was acquitted on all of tbe counts except tbe count wbicb charged receipt of more than a quart within fifteen days, this being tbe fourth count in tbe bill.

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Appeal by defendant from Bryson, J., at tbe January Term, 1921, of MONTGOMERY. Tbe indictment is for violation of prohibition laws of State, and contains five counts, and tbe case on appeal states tbat defendant was acquitted on all of tbe counts except tbe count wbicb charged receipt of more than a quart within fifteen days, this being tbe fourth count in tbe bill. There was judgment tbat defendant be imprisoned for nine months, and assigned to work on tbe roads of Rowan County. From which judgment defendant appealed, assigning errors.

1Opinion of the CourtHoKE, J.

Tbe record shows tbat tbe count on wbicb tbe jury rendered a verdict does not contain tbe name of tbe defendant, or any name whatever. It is very generally held in an indictment consisting of several counts tbat each count should be complete in itself, and tbat in order to this some name should be given tbe defendant. If it is tbe wrong name, or defectively stated, tbe question should ordinarily be raised by plea in abatement or motion to quash, but where no name at all appears in tbe bill or in tbe only count on wbicb a conviction is bad, it is held in this jurisdiction tbat such a charge is…

2Cases cited4 opinions

  1. State v. . PhelpsSupreme Court of North Carolina · 1871
  2. State v. . CaldwellSupreme Court of North Carolina · 1893
  3. State v. . GoingsSupreme Court of North Carolina · 1887
  4. State v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1891

3Cited by10 opinions

  1. State v. HammondsSupreme Court of North Carolina · 1954
  2. State v. JonesSupreme Court of North Carolina · 1969
  3. State v. RussellSupreme Court of North Carolina · 1972
  4. State v. McKoySupreme Court of North Carolina · 1965
  5. State v. SimpsonSupreme Court of North Carolina · 1981

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