State v. Brown

WHICHARD, Judge.

The issue is whether the court erred in dismissing, on the basis of unsworn representations by defense counsel that defendant was a partner in the victimized partnership, indictments which on their face sufficiently charge the offense of embezzlement. We hold that it did.

On 29 July 1985 the Watauga County Grand Jury issued six indictments charging defendant with violations of N.C. Gen. Stat. 14-90, the embezzlement statute, as follows:

The jurors for the State upon their oath present that on or about the date of offense shown and in the county named above the defendant named…