State v. . Jones

Although no motion to arrest judgment was lodged below, and therefore no exception addressed to such motion appears in the record, the defendant by virtue of the exception to the general rule laid down in Rule 21, Rules of Practice in the Supreme Court, 213 N. C., 821, lodges motion in this Court in arrest for the insufficiency of the indictment. "We are constrained to hold that the motion is well founded and should be allowed.

The pertinent portion of the statute under which the defendant was tried, C. S., 4437 (b), reads: “It shall be unlawful for any person, firm or corporation to operate…