State v. Aiken

The opinion of the court was delivered by

Parker, J.:

The proceedings leading up to and giving rise to this appeal can be briefly stated.

In an information containing -five counts, properly filed in the district court of Montgomery county, the defendant John Rell Aiken, alias John Cleveland, was charged under the provisions of G. S. 1949, 21-551, with the commission of five separate and distinct felonies. Following formal arraignment he entered a plea of not guilty to each of such charges. Thereafter on application of the state the court dismissed count three of the information on the ground it…