State v. Kelly

GEAHAM, Judge.

The evidence and the charge are not included in the record and the only question defendant raises in his brief is whether the court erred in denying his motion in arrest of judgment. This presents for review the question of whether the bill of indictment is fatally defective. We hold that it is not.

The indictment is based on G.S. 90-108 which provided, at the time of defendant’s arrest and trial, the following:

“No person except a manufacturer of a wholesaler or a retail dealer in surgical instruments, pharmacist, physi-can, dentist, veterinarian, nurse or interne shall at any…