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STATE v. JORDAN

No. 437.

100 S.E.2d 497 (1957)

247 N.C. 253

STATE v. Charles JORDAN.

Supreme Court of North Carolina.

November 26, 1957.

Attorney(s) appearing for the Case

Atty. Gen. George B. Patton and Asst. Atty. Gen. Claude L. Love for the State.

Taylor & Mitchell and George R. Greene, Raleigh, for defendant, appellant.

BOBBITT, Justice.

It appearing upon the face of the record that the bill of indictment is fatally defective, this Court, of its own motion, arrests the judgment. State v. Lucas, 244 N.C. 53, 92 S.E.2d 401, and cases cited.

The indictment charges that defendant escaped on January 9, 1957, from the State prison system, and that "said prisoner (had) been previously convicted of escape." No averment...

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