State v. Scott

The bill of indictment fails to meet the test set forth in S. v. Sumner, 232 N.C. 386, 61 S.E. 2d 84, and other decisions of like import. Tbe allegations in a bill of indictment must particularize tbe crime charged and be sufficiently explicit to protect tbe defendant against a subsequent prosecution for tbe same offense. Tbis tbe bill of indictment appearing in tbis record fails to do. S. v. Morgan, 226 N.C. 414, 38 S.E. 2d 166; S. v. Cochran, 230 N.C. 523, 53 S.E. 2d 663.

While a motion to quash is tbe most appropriate method of raising tbe question whether tbe bill of indictment charges tbe…