Legal Opinion

State v. Upchurch

Supreme Court of North Carolina

Decided April 28, 1965No. 499PublishedCited by 3 opinions

1Opinion of the Court

Per CüRiAM.

Defendant assigns as error the denial of his motion to arrest judgment. Plis contention is that the indictment is fatally defective, in that it does not allege the brand names of the cigarettes, beer, and sardines. The indictment alleges the ownership of the 30 cartons of cigarettes, the 20 cases of beer, and the one case of sardines stolen, and their value. This was a sufficient description to apprise defendant as to the property he was charged with having received, and no minute description of the cigarettes, beer, and sardines by brand names is re quired. The description of…

2Cases cited6 opinions

  1. Escobedo v. IllinoisSupreme Court of the United States · 1964
  2. State v. Moore.Supreme Court of North Carolina · 1901
  3. State v. KoskySupreme Court of Missouri · 1905
  4. State v. CorlSupreme Court of North Carolina · 1959
  5. State v. SmithSupreme Court of Missouri · 1913

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State v. PhillipsSupreme Court of North Carolina · 1965
  2. State v. FletcherSupreme Court of North Carolina · 1965
  3. State v. FosterCourt of Appeals of North Carolina · 1970

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