State v. Vandiford

PER Cubiam.

At the threshold of this appeal the State through the Attorney-General moved to dismiss the appeal on authority of S. v. Currie, 206 N.C. 598, 174 S.E. 447, for that the record on appeal is fatally defective in that it did not contain the bill of indictment. In lieu thereof, by consent of Solicitor and attorney for defendant, the Clerk of Superior Court certified that there was a true bill of indictment containing the charge as above recited, but that during the progress of the trial the bill was misplaced, and not to be located. S. v. Currie, supra, presented a similar factual…