STATE v. MILLER

No. 722.

57 S.E.2d 392 (1950)

231 N.C. 419

STATE v. MILLER et al.

Supreme Court of North Carolina.

February 3, 1950.


Attorney(s) appearing for the Case

Attorney General Harry M. McMullan and Assistant Attorney General T. W. Bruton for the State.

Bowie & Bowie, West Jefferson, for defendant appellants.


BARNHILL, Justice.

The defendants, on their appeal here, rely solely upon their exception to the ruling of the court below denying their motion in arrest of judgment. The motion was well advised and must be sustained.

It is a universal rule that no indictment, whether at common law or under a statute, can be good if it does not accurately and clearly allege all of the constituent elements of the offense sought to be charged. State v. Morgan, 226 N.C. 414,...

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