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STATE v. JESSUP

No. 114.

181 S.E.2d 594 (1971)

279 N.C. 108

STATE of North Carolina v. William S. JESSUP.

Supreme Court of North Carolina.

June 10, 1971.

Attorney(s) appearing for the Case

Robert L. Morgan, Atty. Gen., by William W. Melvin, T. Buie Costen, Asst. Attys. Gen., for the State.

Hatfield, Allman & Hall, by Roy G. Hall, Jr., James W. Armentrout, Winston-Salem, for defendant-appellant.

HIGGINS, Justice.

The basic question of law at issue in this case is the validity of the bill of indictment. Indictment is the foundation upon which a felony charge must rest. If it be found defective, the prosecution fails.

In this case, the defendant, a son of W. M. Jessup who died on October 12, 1967, is charged with having stolen $20,100 "of the goods, chattels and moneys of the estate of W. M. Jessup, deceased...

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