STATE v. KELLY

No. 715SC493.

186 S.E.2d 631 (1972)

13 N.C. App. 588

STATE of North Carolina v. Hugh McDonald KELLY.

Court of Appeals of North Carolina.

Certiorari Allowed April 4, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Gen. Henry E. Poole for the State.

H. P. Laing, Wilmington, for defendant-appellant.


Certiorari Allowed by Supreme Court April 4, 1972.

GRAHAM, Judge.

The evidence and the charge are not included in the record and the only question defendant raises in his brief is whether the court erred in denying his motion in arrest of judgment. This presents for review the question of whether the bill of indictment is fatally defective. We hold that it is not.

The indictment is based on G.S. § 90-108 which provided, at the time of defendant...

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