STATE v. SMITH

No. 367.

81 S.E.2d 263 (1954)

240 N.C. 99

STATE v. SMITH.

Supreme Court of North Carolina.

April 7, 1954.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., Ralph Moody, Asst. Atty. Gen. and Charles G. Powell, Jr., Raleigh, Member of Staff, for the State.

White & Aycock, Kinston, for defendant appellant.


DENNY, Justice.

The defendant filed a motion in arrest of judgment in this Court. The motion is based upon the fact that the reference to the statute in the warrant upon which the defendant was tried is incorrect. The warrant'charges that "on or about the 26th day of Sept. 1953, Howard S. Smith violated the following law, to-wit: General Statutes of North Carolina, 1943, Section 20-139 as amended, in that he did unlawfully and willfully operate a motor vehicle...

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