State v. Bennett

The defendant was called upon in the superior court to plead to the bill of indictment, not to the warrant under which he was arrested. The caption of an indictment, whether on the front or the back thereof, is not a part of it and the designation therein of the offense sought to be charged can neither enlarge nor diminish the offense charged in the body of the instrument. State v. Davis, 225 N.C. 117, 33 S.E. 2d 623; State v. Brickell, 8 N.C. 354. Furthermore, the words, “Third Offense,” even if included in the body of the indictment are not sufficient to charge the offense of felonious…