State v. . Presnell

The defendant, a citizen and resident of Caldwell County, was indicted in Buncombe County for selling butter in said county, which the warrant charged weighed less than represented, in violation of G.S., 81-17. The defendant interposed a plea in abatement on the ground that if the statute had been violated the offense occurred in Caldwell and not in Buncombe County. The plea was denied. Defendant appeals, assigning error. This appeal was due to be heard at the call of the Nineteenth District, on 4 September, 1945. Rule 5 of the Rules of Practice in the Supreme Court,221 N.C. 546. Counsel…