State v. Simpson

HUSKINS, Justice.

We first note ex mero motu that a fatal defect appears on the face of the indictment in Case No. 79-CR-13196 in that defendant is neither named nor otherwise identified in this single-count indictment charging rape of Samantha Cumber.

Article I, § 22 of the Constitution of North Carolina provides:

Except in misdemeanor cases initiated in the District Court Division, no person shall be put to answer any criminal charge but by indictment, presentment, or impeachment. But any person, when represented by counsel, may... waive indictment in non-capital cases.

Where, as here, no…