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STATE v. ALBARTY

No. 723.

76 S.E.2d 381 (1953)

238 N.C. 130

STATE v. ALBARTY.

Supreme Court of North Carolina.

June 12, 1953.

Attorney(s) appearing for the Case

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

Buford T. Henderson, Winston-Salem, for defendant, appellant.

ERVIN, Justice.

There can be no valid trial, conviction, or punishment for a crime without a formal and sufficient accusation. 42 C. J.S., Indictments and Informations, § 1. As a consequence, it is impossible to overmagnify the necessity of observing the rules of pleading in criminal cases.

The first rule of good pleading in criminal cases is that the indictment or other accusation must inform the court and the accused with certainty as to the exact crime...

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