STATE v. SCOTT

No. 295.

75 S.E.2d 154 (1953)

237 N.C. 432

STATE v. SCOTT.

Supreme Court of North Carolina.

March 25, 1953.


Attorney(s) appearing for the Case

No appearance for appellant.

Harry McMullan, Atty. Gen., T. W. Bruton, Asst. Atty. Gen., for the State.


PARKER, Justice.

It is well settled that a motion for the arrest of a judgment of the Superior Court in a criminal action tried in that Court may be made in the Supreme Court. It is the duty of this Court to examine the whole record, and if it sees that the judgment should be arrested, it will ex mero motu direct that it be done. The motion must be based upon matter appearing in the record, or upon an omission from the record of some matter which should appear...

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