STATE v. BROWN

No. 298.

75 S.E.2d 108 (1953)

237 N.C. 439

STATE v. BROWN.

Supreme Court of North Carolina.

March 25, 1953.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., T. W. Bruton, Asst. Atty. Gen., and Robert L. Emanuel, Member of Staff, Raleigh, for the State.


PER CURIAM.

There is nothing on the record before us to indicate any vagueness or irregularity by the grand jury in returning the bill of indictment as "A True Bill." Moreover, where a defendant is charged with a felony and pleads guilty to a misdemeanor, his motion in arrest of judgment for defect in the indictment charging the felony cannot be sustained. The sentence in such cases is based upon the defendant's voluntary plea and not upon the indictment for a felony...

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