Legal Opinion

State v. Perry

Supreme Court of North Carolina

Decided November 10, 1954No. 435PublishedCited by 6 opinions

1Per curiam

Since the charge in the warrant “must be supported by the facts as they existed at the time it was formally laid in court, and cannot be supported by evidence of willful failure supervening between the time the charge was made and the time of the trial — at least when the trial is had — as it was here upon the original warrant,” S. v. Summerlin, 224 N.C. 178, 29 S.E. 2d 462, pertinent evidence in this respect offered upon trial of present ease in Superior Court being directed to occurrence after the warrant was issued is insufficient to support the charge, — and the motion of defendant for…

2Cases cited3 opinions

  1. State v. . JohnsonSupreme Court of North Carolina · 1937
  2. State v. . SummerlinSupreme Court of North Carolina · 1944
  3. State v. ChambersSupreme Court of North Carolina · 1953

3Cited by6 opinions

  1. State v. EllisSupreme Court of North Carolina · 1964
  2. State v. CoppedgeSupreme Court of North Carolina · 1956
  3. State v. KillianCourt of Appeals of North Carolina · 1983
  4. State v. WomackSupreme Court of North Carolina · 1959
  5. Stephens v. WorleyCourt of Appeals of North Carolina · 1981

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