State v. Williams

The majority, in concluding that the indictment here was not facially invalid, violates a defendant’s right to be placed on reasonable notice of the charges pending against him. The majority incorrectly concludes *627that the term “business day” is not an essential element of an indictment under N.C.G.S. § 14-208.11. Our case law supports a defendant’s right to be placed on reasonable notice of the charges against him and the indictment here failed to provide reasonable notice. Because subject matter jurisdiction does not vest with the trial court under a fatally defective indictment, I…