Legal Opinion

State v. Diaz

Court of Appeals of North Carolina

Decided June 28, 1972No. 728SC196PublishedCited by 3 opinions

1Opinion of the Court

VAUGHN, Judge.

Defendant assigns as error the denial of his motion in arrest of judgment for defects and irregularities appearing upon the face of the record with regard to the manner in which the preliminary hearing was conducted. We find no merit in this contention. The record shows that defendant was tried on a proper indictment duly returned by the Grand Jury as a true bill. A preliminary hearing is not an essential prerequisite *732to a bill of indictment. State v. Gainey, 280 N.C. 366, 185 S.E. 2d 874 (1972). In any event, a motion in arrest of judgment is not the proper method to attack the…

2Cases cited8 opinions

  1. State v. KirbySupreme Court of North Carolina · 1970
  2. State v. BassSupreme Court of North Carolina · 1972
  3. State v. GaineySupreme Court of North Carolina · 1972
  4. State v. RossSupreme Court of North Carolina · 1969
  5. State v. MorganSupreme Court of North Carolina · 1966

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State v. LindleyCourt of Appeals of North Carolina · 1974
  2. State v. HoltonCourt of Appeals of North Carolina · 1974
  3. State v. LindleyCourt of Appeals of North Carolina · 1974

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