State v. McCotter

MORRIS, Judge.

Defendant’s first assginment of error presents the question of whether a defendant who was never arraigned and entered no plea at trial is entitled to a new trial. Defendant relies on State v. Lueders, 214 N.C. 558, 200 S.E. 22 (1938), where a unanimous Court, speaking through Chief Justice Stacy, said:

"... In the absence of a plea to the indictment or charge, there was nothing for the jury to determine. See S. v. Camby, 209 N.C., 50, 182 S.E., 715. *77Speaking to a similar situation in S. v. Cunningham, 94 N.C., 824, Ashe, J., delivering the opinion of the Court, said: ‘There is…