State v. Jones

The indictment under which defendant is charged is framed in accord with the provisions of G.S. 15-144.

This form of bill of indictment includes the charge of murder committed in the perpetration of a robbery, without a specific allegation or count to that effect. See S. v. Smith, 223 N.C. 457, 27 S.E. 2d 114.

The evidence offered upon trial of instant case tends to show that the homicide here involved was committed in the perpetration of robbery. And in stating the contentions of defendant the trial court told the jury, among other things, that “the defendant further argues and contends that…