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
- Garrett v. RoseSupreme Court of North Carolina · 1952
3Cited by2 opinions
- Hutson v. CommonwealthCourt of Appeals of Kentucky · 2005
- State v. JerniganSupreme Court of North Carolina · 1961