State v. Miller

The defendants, on their appeal here, rely solely upon their exception to the ruling of the court below denying their motion in arrest of judgment. The motion was well advised and must he sustained.

It is a universal rule that no indictment, whether at common law or under a statute, can be good if it does not accurately and clearly allege all of the constituent elements of the offense sought to be charged. S. v. Morgan, 226 N.C. 414, 38 S.E. 2d 166.

“An indictment for an offense created by statute must be framed upon the statute, and this fact must distinctly appear upon the face of the…