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STATE v. PERRY

No. 159.

231 S.E.2d 262 (1977)

291 N.C. 586

STATE of North Carolina v. Omega PERRY, Jr.

Supreme Court of North Carolina.

January 31, 1977.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by James Peeler Smith, and David S. Crump, Associate Attys., Raleigh, for the State.

J. Henry Banks, Henderson, for defendant.

LAKE, Justice.

There was no error in the denial of the motion in arrest of judgment. Such motion is to be distinguished from a motion to vacate or set aside an erroneous judgment in order that a proper judgment may be entered. A motion in arrest of judgment is proper when it is apparent that no judgment against the defendant could be lawfully entered because of some fatal error appearing in (1) the organization of the court...

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