Legal Opinion

State v. Alston

Supreme Court of North Carolina

Decided October 8, 1952No. 222PublishedCited by 2 opinions

1Opinion of the Court

Pee Cueiam..

The record indicates that the judgment was pronounced and entered without warrant or indictment, or waiver thereof (Gr.S. 15-140), and without arraignment, plea, or the intervention of a jury. It necessarily follows, then, that the judgment is void. This is conceded by the State. The judgment will be vacated and set aside. Of course, the Solicitor may send a bill, if so advised.

Eeversed.

2Cases cited1 opinion

  1. Garrett v. RoseSupreme Court of North Carolina · 1952

3Cited by2 opinions

  1. Hutson v. CommonwealthCourt of Appeals of Kentucky · 2005
  2. State v. JerniganSupreme Court of North Carolina · 1961