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STATE v. STONESTREET

No. 361.

89 S.E.2d 734 (1955)

243 N.C. 28

STATE v. Edward C. STONESTREET.

Supreme Court of North Carolina.

November 2, 1955.

Attorney(s) appearing for the Case

Trivette, Holshouser & Mitchell, North Wilkesboro, for defendant, appellant.

Atty. Gen. Wm. Rodman, Jr., and Asst. Atty. Gen. Harry W. McGalliard for the State.

BOBBITT, Justice.

First, we consider the conviction for resisting arrest as charged. While not argued in appellant's brief, we are constrained to hold that the motion in arrest of judgment should have been allowed. If the offense is not sufficiently charged in the indictment, this Court, ex mero motu, will arrest the judgment. State v. Thorne, 238 N.C. 392, 78 S.E.2d 140; State v. Watkins,...

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