State v. Bennett

SHARP, Justice.

Defendant brings forward five assignments of error. Only the fifth merits discussion. It raises the question whether the second count in the bill of indictment states facts sufficient to charge defendant with the commission of a crime. Specifically, the inquiry is: In a count charging the sale of narcotics must the indictment allege the name of the purchaser?

The rule is stated in State v. Bissette, 250 N.C. 514, 517-18, 108 S.E. 2d 858, 861: “Where a sale is prohibited, it is necessary, for a conviction, to allege in the bill of indictment the name of the person to whom the…