State v. Scott

It is well settled that a motion for tbe arrest of a judgment of tbe Superior Court in a criminal action tried in that court may be made in tbe Supreme Court. It is tbe duty of this Court to examine tbe whole record, and if it sees that tbe judgment should be arrested, it will ex mero motu direct that it be done. Tbe motion must be based upon matter appearing in tbe record, or upon an omission from tbe record of some matter which should appear therein. S. v. Baxter, 208 N.C. 90, 179 S.E. 450; S. v. Billiard, 223 N.C. 446, 27 S.E. 2d 85; S. v. McKeon, 223 N.C. 404, 26 S.E. 2d 914; S. v.…