State v. Dale

We first take up the motion to quash the bill of indictment, or to compel the State to elect upon which one of the crimes supposedly charged therein it would seek conviction.

The first objection to the indictment upon the score that it charges a misdemeanor, and prosecution on that charge is barred by the statute of limitations, has been withdrawn in deference to S. v. Ritter, 199 N. C., 116, 154 S. E., 62, in which the Court holds conspiracy to be a felony. See, also, S. v. Lea, 203 N. C., 13, 164 S. E., 737.

The second ground — that the alleged conspiracy merges, as a matter of law, into the…