State v. . Francis
Supreme Court of North Carolina
Appeal from Long, J., at July Term, 1911, of MoDowell. Indictment for unlawfully manufacturing spirituous liquors. There was a verdict of guilty. After verdict, defendants moved in arrest of judgment. The bill is as follows: State oe Nobth OaeoliNa — .County.
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Appeal from Long, J., at July Term, 1911, of MoDowell. Indictment for unlawfully manufacturing spirituous liquors. There was a verdict of guilty. After verdict, defendants moved in arrest of judgment. The bill is as follows: State oe Nobth OaeoliNa — .County. Superior Court,.Term, 191. . Tbe jurors for the State, upon tbeir oaths, do present, That Jim Francis, Loge Francis, Ben Francis, late of the county of ., on the... day of., with force and arms, at and in the county aforesaid, unlawfully and willfully manufacture and make spirituous liquors, against the form of the statute in such case…
1Opinion of the CourtBeowN, J.
It is much the best that solicitors should fill in the blanks in the printed forms of indictment. It expedites the administration of the criminal law and prevents such appeals as this.
Had the defendant moved to quash this bill or for a bill of particulars to supply him with any needed information, it is probable the one motion or .the other would have been, allowed. The defendant has not been taken at any disadvantage, for he allowed the trial to proceed and attacked the bill only after he had been convicted. To arrest the judgment it must appear that the bill is so defective that judgment…
2Cases cited10 opinions
- State v. . ArnoldSupreme Court of North Carolina · 1890
- State v. . PetersSupreme Court of North Carolina · 1890
- State v. HolderSupreme Court of North Carolina · 1903
- State v. . TaylorSupreme Court of North Carolina · 1880
- State v. . LaneSupreme Court of North Carolina · 1843
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. HammondsSupreme Court of North Carolina · 1954
- State v. CochranSupreme Court of North Carolina · 1949
- State v. . HowleySupreme Court of North Carolina · 1941
- State v. . WhitleySupreme Court of North Carolina · 1935
- State v. GastonSupreme Court of North Carolina · 1952
17 more not listed; retrieve them via the Exa API.