STATE v. THOMPSON

No. 219.

64 S.E.2d 157 (1951)

233 N.C. 345

STATE v. THOMPSON.

Supreme Court of North Carolina.

March 21, 1951.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., T. W. Bruton, Asst. Atty. Gen., and Walter F. Brinkley, Member of Staff, Raleigh, for the State.

Barber & Thompson, Pittsboro, for defendant.


DENNY, Justice.

When the appeal was called for hearing in this Court, counsel for defendant moved that the judgment entered below be arrested, for that the warrant was issued on 3 January, 1950, prior to the birth of the illegitimate child on 24 May, 1950, and the amendment permitted in the court below resulted in the trial and conviction of the defendant upon an offense entirely different from that charged (if an offense was charged) in the original warrant.

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